6830Use of evidence taken in examination

6830 Use of evidence taken in examination (1) The court may, on the conditions (if any) it considers just, allow a party to a proceeding to tender as evidence in the proceeding— (a) a person’s evidence taken in an examination held under an order made in the proceeding under rule 6813 (Order for taking evidence otherwise than at trial); or

Rule 6830 (b) a record of that evidence. Note 1 The Foreign Evidence Act 1994 (Cwlth), s 9, s 12, s 13, s 14 and s 15 deal with the use of evidence taken under that Act. Note 2 Pt 6.2 (Applications in proceedings) applies to an application under this (2) However, evidence of a person tendered under subrule (1) is not admissible if the evidence would not have been admissible if it had been given or produced at the hearing. (3) Also, the court may exclude from the proceeding evidence taken under an order under rule 6813 even if it is otherwise admissible, if it considers that it is in the interests of justice to exclude the evidence. application), an application under this rule may be made orally, unless evidence, in relation to an examination, includes— (a) a document produced at the examination (including an exhibit); and (b) answers made, whether in writing, or orally and reduced to writing, to any interrogatories presented at the examination.

Rule 6831