Victorian Consolidated Legislation

Evidence Act 2008 - SECT 45

Production of documents

45. Production of documents



(1) This section applies if a party is cross-examining or has cross-examined a
witness about-

   (a)  a prior inconsistent statement alleged to have been made by the
        witness that is recorded in a document; or

   (b)  a previous representation alleged to have been made by another person
        that is recorded in a document.

(2) If the court so orders or if another party so requires, the party must
produce-

   (a)  the document; or

   (b)  such evidence of the contents of the document as is available to the
        party-

to the court or to that other party.

(3) The court may-

   (a)  examine a document or evidence that has been so produced; and

   (b)  give directions as to its use; and

   (c)  admit it even if it has not been tendered by a party.

(4) Subsection (3) does not permit the court to admit a document or evidence
that is not admissible because of Chapter 3.

(5) The mere production of a document to a witness who is being cross-examined
does not give rise to a requirement that the cross-examiner tender the
document.