Evidence Regulations 2018
7The tendency rule and the coincidence rule—form of notices
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7 The tendency rule and the coincidence rule—form of notices
(1) This section is made for the purpose of section 99 of the Act. (2) A notice given under subsection 97(1) of the Act (relating to the tendency rule) must state: (a) the substance of the evidence of the kind referred to in that subsection that the party giving the notice intends to adduce; and (b) if that evidence consists of, or includes, evidence of the conduct of a person, particulars of: (i) the date, time, place and circumstances at or in which the conduct occurred; and (ii) the names of each person who saw, heard or otherwise perceived the conduct; and (iii) in a civil proceeding—the address of each person so named; so far as they are known to the notifying party. (3) A notice given under subsection 98(1) of the Act (relating to the coincidence rule) must state: (a) the substance of the evidence of the occurrence of 2 or more events that the party giving the notice intends to adduce; and (b) particulars of: (i) the date, time, place and circumstances at or in which each of those events occurred; and (ii) the names of each person who saw, heard or otherwise perceived each of those events; and (iii) in a civil proceeding—the address of each person so named; so far as they are known to the notifying party. (4) On the application of a party in a criminal proceeding, the court may make an order directing the notifying party to disclose the address of any person named in a notice mentioned in this section. (5) The direction may be given on the terms the court considers appropriate.