32Attempts to revive memory in court

### 32 Attempts to revive memory in court > > (1)  A witness, in the course of giving evidence, must not use a document to try to revive his or her memory about a fact or opinion unless the court gives leave. > > > (2)  Without limiting the matters that the court may take into account in deciding whether to give leave, it is to take into account – > > > > > > (a) whether the witness will be able to recall the fact or opinion adequately without using the document; and > > > > > > > (b) whether so much of the document as the witness proposes to use is, or is a copy of, a document that – > > > > > > > > > > (i) was written or made by the witness when the events recorded in it were fresh in his or her memory; or > > > > > > > > > > > (ii) was, at such a time, found by the witness to be accurate. > > > (3)  If a witness, while giving evidence, has used a document to try to revive his or her memory about a fact or opinion, the witness, with the leave of the court, may read aloud as part of his or her evidence so much of the document as relates to that fact or opinion. > > > (4)  The court, on the request of a party, is to give any directions it thinks fit to ensure that so much of the document as relates to the proceeding is produced to that party.