Victorian Consolidated Legislation

Evidence Act 2008 - SECT 46

Leave to recall witnesses

46. Leave to recall witnesses



(1) The court may give leave to a party to recall a witness to give evidence
about a matter raised by evidence adduced by another party, being a matter on
which the witness was not cross-examined, if the evidence concerned has been
admitted and-

   (a)  it contradicts evidence about the matter given by the witness in
        examination in chief; or

   (b)  the witness could have given evidence about the matter in examination
        in chief.

(2) A reference in this section to a matter raised by evidence adduced by
another party includes a reference to an inference drawn from, or that the
party intends to draw from, that evidence.

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PART 2.2-DOCUMENTS