Evidence Regulation 2012

A notice of previous representation must state—

subject to section 6 (2), the substance of evidence of a previous representation that the notifying party intends to present; and

the substance of all other relevant representations made by the person who made the previous representation, so far as they are known to the notifying party; and

so far as they are known to the notifying party, details of—

the date, time, place and circumstances at or in which each of the representations mentioned in paragraph (a) or (b) was made; and

the names of the people by whom, and the people to whom, each of the representations was made; and

in a civil proceeding—the address of each person mentioned in subparagraph (ii).

Subsection (3) applies if a notifying party intends to rely on any of the following provisions of the Act:

section 63 (2) (a) or (b);

section 65 (2) (a), (b), (c) or (d);

section 65 (3) (a) or (b);

section 65 (8) (a) or (b).

The notifying party’s notice of previous representation must state details of the facts on the basis of which it is alleged that the person who made a representation mentioned in the notice is not available to testify about the fact to be proved by presenting evidence of the representation.

Subsection (5) applies if a notifying party intends to rely on the Act, section 64 (2) (a) or (b).

The notifying party’s notice of previous representation must state details of the facts that the party will rely on to establish the grounds stated in the Act, section 64 (2).