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EVIDENCE ACT 1906 - SECT 27B

EVIDENCE ACT 1906 - SECT 27B

27B .         Manner of giving voluminous or complex evidence

        (1)         If a court is satisfied that particular evidence that a party to a proceeding proposes to adduce is so voluminous or complex that it would be difficult to assess or comprehend it if it were adduced in narrative form, the court may direct the party to adduce the evidence in another form, including in the form of a chart, summary or other explanatory document.

        (2)         The direction may also —

            (a)         specify the form of the evidence;

            (b)         specify the witness who is to give the evidence;

            (c)         specify how any document is to be prepared;

            (d)         contain directions to ensure that each other party is served with copies of the evidence in the form in which it is to be given and is given sufficient time to examine it;

            (e)         contain directions as to the extent (if any) to which the voluminous or complex evidence is to be adduced by the party.

        (3)         The opinion rule does not apply to evidence adduced in accordance with a direction under this section.

        (4)         In subsection (3) —

        opinion rule means the common law rule that evidence of an opinion is not admissible to prove the existence of a fact about the existence of which the opinion was expressed.

        [Section 27B inserted: No. 71 of 2000 s. 6.]

General rules of evidence

[ 28.         Deleted: No. 84 of 2004 s. 41.]