63
In forceException: civil proceedings if maker not available
Chapter 3Admissibility of evidence
Part 3.2Hearsay
Division 2First‑hand hearsay
63 Exception: civil proceedings if maker not available
(1)
This section applies in a civil proceeding if a person who made a previous representation is not available to give evidence about an asserted fact.
(2)
The hearsay rule does not apply to:
(a)
evidence of the representation that is given by a person who saw, heard or otherwise perceived the representation being made; or
(b)
a document so far as it contains the representation, or another representation to which it is reasonably necessary to refer in order to understand the representation.
Note 1:
Section 67 imposes notice requirements relating to this subsection.
Note 2:
Clause 4 of Part 2 of the Dictionary is about the availability of persons.
Research tools for this sectionSubscription
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.