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Evidence Act 2011
45Production of documents
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45 Production of documents
(1) This section applies if a party is cross-examining or has
cross-examined a witness about—
(a) a prior inconsistent statement alleged to have been made by the
witness that is recorded in a document; or
(b) a previous representation alleged to have been made by someone
else that is recorded in a document.
(2) If the court orders or if another party requires, the party must produce
to the court or to the other party—
(a) the document; or
(b) evidence of the contents of the document that is available to the
party.
(3) The court may—
(a) examine a document or evidence that has been produced under
subsection (2); and
(b) give directions as to its use; and
(c) admit it even if it has not been tendered by a party.
(4) Subsection (3) does not permit the court to admit a document or
evidence that is not admissible because of chapter 3.
(5) The mere production of a document to a witness who is being
cross-examined does not give rise to a requirement that the
cross-examiner tender the document.