Domestic and Family Violence Protection Rules 2014
sec.33Evidence in other proceedings
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sec.33 Evidence in other proceedings
A party may rely on evidence or an affidavit used in an earlier proceeding, an earlier stage of the same proceeding, or in a cross application, if— the evidence or affidavit is relevant to the proceeding; and the DFVP court gives its permission for the evidence or affidavit to be relied upon. In this rule— cross application see the DFVP Act , section 41 (1) . earlier proceeding includes an earlier criminal or child protection proceeding. (sec.33-ssec.1) A party may rely on evidence or an affidavit used in an earlier proceeding, an earlier stage of the same proceeding, or in a cross application, if— the evidence or affidavit is relevant to the proceeding; and the DFVP court gives its permission for the evidence or affidavit to be relied upon. (sec.33-ssec.2) In this rule— cross application see the DFVP Act , section 41 (1) . earlier proceeding includes an earlier criminal or child protection proceeding.
- (a) the evidence or affidavit is relevant to the proceeding; and
- (b) the DFVP court gives its permission for the evidence or affidavit to be relied upon.