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CIVIL PROCEDURE ACT 2005 - SECT 89
Procedure on fresh trial
89 Procedure on fresh trial
(1) If-- (a) any proceedings have been listed for trial pursuant to
section 88, or
(b) an appellate court has made an order for a fresh trial
generally (being an order given on an appeal after a trial of any
proceedings), or
(c) a judicial officer before whom a trial of any
proceedings has commenced has discharged himself or herself from the trial
without having given judgment in the proceedings,
the court may give such
directions as it thinks fit as to the evidence to be used in the fresh trial.
(2) In particular, the court may give either or both of the following
directions-- (a) a direction that all or any part of the evidence given at the
previous trial is to be taken to be evidence in the fresh trial without the
need for the witnesses to be recalled,
(b) a direction that all or any of the
witnesses are to be recalled for examination or cross-examination, or both,
either generally or as to a particular question or questions in the
proceedings.
(3) In subsection (1), a reference to a trial of proceedings
includes a reference to a trial of one or more questions in the proceedings.
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