89Procedure on fresh trial

#### 89 Procedure on fresh trial 89 Procedure on fresh trial > > (1) If— > > > > > (a) any proceedings have been listed for trial pursuant to section 88, or > > > > > (b) an appellate court has made an order for a fresh trial generally (being an order given on an appeal after a trial of any proceedings), or > > > > > (c) a judicial officer before whom a trial of any proceedings has commenced has discharged himself or herself from the trial without having given judgment in the proceedings, > > > > the court may give such directions as it thinks fit as to the evidence to be used in the fresh trial. > > > (2) In particular, the court may give either or both of the following directions— > > > > > (a) a direction that all or any part of the evidence given at the previous trial is to be taken to be evidence in the fresh trial without the need for the witnesses to be recalled, > > > > > (b) a direction that all or any of the witnesses are to be recalled for examination or cross-examination, or both, either generally or as to a particular question or questions in the proceedings. > > > (3) In subsection (1), a reference to a trial of proceedings includes a reference to a trial of one or more questions in the proceedings. > > **pt 2A, divs 1–6 (ss 18A–18O):** Ins 2010 No 135, Sch 6.2 \[2\]. Rep 2013 No 1, Sch 1.6 \[2\].