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COMMONWEALTHAct
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s 46

Leave to recall witnesses

In force
Chapter 2Adducing evidence
Part 2.1Witnesses
Division 5Cross‑examination

46 Leave to recall witnesses

(1)

The court may give leave to a party to recall a witness to give evidence about a matter raised by evidence adduced by another party, being a matter on which the witness was not cross‑examined, if the evidence concerned has been admitted and:

(a)

it contradicts evidence about the matter given by the witness in examination in chief; or

(b)

the witness could have given evidence about the matter in examination in chief.

(2)

A reference in this section to a matter raised by evidence adduced by another party includes a reference to an inference drawn from, or that the party intends to draw from, that evidence.

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