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] 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) 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.