TASIn ForceAct
Evidence Act 2001
46Leave to recall witnesses
Start here
Get a plain-English read of 46
Turn the raw legal text into a practical explanation grounded in Evidence Act 2001.
### 46 Leave to recall witnesses
> > (1) The court may give leave to a party to recall a witness to give evidence about a matter raised by evidence adduced by another party being a matter on which the witness was not cross-examined, if the evidence concerned has been admitted and –
> >
> > > > (a) it contradicts evidence about the matter given by the witness in examination in chief; or
> > >
> > > > (b) the witness could have given evidence about the matter in examination in chief.
>
> > (2) A reference in this section to a matter raised by evidence adduced by another party includes a reference to an inference drawn from, or that the party intends to draw from, that evidence.