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Evidence Act 2011
32Attempts to revive memory in court
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32 Attempts to revive memory in court
(1) A witness must not, in the course of giving evidence, use a document
to try to revive the witness’s memory about a fact or opinion unless
the court gives leave.
deciding whether to give leave, it must take into account—
(a) whether the witness will be able to recall the fact or opinion
adequately without using the document; and
(b) whether the part of the document that 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 the witness’s memory; or
(ii) was, at that time, found by the witness to be accurate.
(3) If a witness has, while giving evidence, used a document to try to
revive the witness’s memory about a fact or opinion, the witness may,
with the leave of the court, read aloud, as part of the witness’s
evidence, the part of the document that relates to the fact or opinion.
(4) The court must, on the request of a party, give the directions the court
thinks fit to ensure that the part of the document that relates to the
proceeding is produced to the party.