NTIn ForceAct
Evidence (National Uniform Legislation) Act 2011
32Attempts to revive memory in court
Start here
Get a plain-English read of 32
Turn the raw legal text into a practical explanation grounded in Evidence (National Uniform Legislation) Act 2011.
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 his or her memory about a fact or opinion
deciding whether to give leave, it is to take into account:
(a) whether the witness will be able to recall the fact or opinion
adequately without using the document; and
(b) whether so much of the document as 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 his or her memory; or
(ii) was, at such a time, found by the witness to be accurate.
Evidence (National Uniform Legislation) Act 2011 15
(3) If a witness has, while giving evidence, used a document to try to
revive his or her memory about a fact or opinion, the witness may,
with the leave of the court, read aloud, as part of his or her
evidence, so much of the document as relates to that fact or
opinion.
(4) The court is, on the request of a party, to give such directions as
the court thinks fit to ensure that so much of the document as
relates to the proceeding is produced to that party.