45Production of documents

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.