Production of documents
45 Production of documents
This section applies if a party is cross‑examining or has cross‑examined a witness about:
a prior inconsistent statement alleged to have been made by the witness that is recorded in a document; or
a previous representation alleged to have been made by another person that is recorded in a document.
If the court so orders or if another party so requires, the party must produce:
the document; or
such evidence of the contents of the document as is available to the party;
to the court or to that other party.
The court may:
examine a document or evidence that has been so produced; and
give directions as to its use; and
admit it even if it has not been tendered by a party.
Subsection (3) does not permit the court to admit a document or evidence that is not admissible because of Chapter 3.
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.
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