ACTIn ForceRegulation
Court Procedures Rules
6830Use of evidence taken in examination
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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