64Exception: civil proceedings if maker available

### 64 Exception: civil proceedings if maker available > > (1)  This section applies in a civil proceeding if a person who made a previous representation is available to give evidence about an asserted fact. > > > (2)  The hearsay rule does not apply to – > > > > > > (a) evidence of the representation given by a person who saw, heard or otherwise perceived the representation being made; or > > > > > > > (b) a document so far as it contains the representation, or another representation to which it is reasonably necessary to refer in order to understand the representation – > > > > if it would cause undue expense or undue delay, or would not be reasonably practicable, to call the person who made the representation to give evidence. > > > (3)  [*\[Section 64 Subsection (3) substituted by No. 46 of 2010, s. 18, Applied:01 Jan 2011\]*](/view/html/inforce/2011-01-01/act-2010-046#GS18@EN) If the person who made the representation has been or is to be called to give evidence, the hearsay rule does not apply to evidence of the representation given by – > > > > > > (a) that person; or > > > > > > > (b) a person who saw, heard or otherwise perceived the representation being made. > > > (4)  A document containing a representation to which [subsection (3)](#GS64@Gs3@EN) applies must not be tendered before the conclusion of the examination in chief of the person who made the representation, unless the court gives leave.