Victorian Consolidated Legislation

Evidence Act 2008 - SECT 67

Notice to be given

67. Notice to be given



(1) Sections 63(2), 64(2) and 65(2), (3) and (8) do not apply to evidence
adduced by a party unless that party has given reasonable notice in writing to
each other party of the party's intention to adduce the evidence.

(2) Notices given under subsection (1) are to be given in accordance with any
regulations or rules of court made for the purposes of this section.

(3) The notice must state-

   (a)  the particular provisions of this Division on which the party intends
        to rely in arguing that the hearsay rule does not apply to the
        evidence; and

   (b)  if section 64(2) is such a provision-the grounds, specified in that
        provision, on which the party intends to rely.

(4) Despite subsection (1), if notice has not been given, the court may, on
the application of a party, direct that one or more of those subsections is to
apply despite the party's failure to give notice.









(5) The direction-

   (a)  is subject to such conditions (if any) as the court thinks fit; and

   (b)  in particular, may provide that, in relation to specified evidence,
        the subsection or subsections concerned apply with such modifications
        as the court specifies.