New South Wales Consolidated Acts

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EVIDENCE ACT 1995 - SECT 63

Exception: civil proceedings if maker not available

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.
Notes :
1 Section 67 imposes notice requirements relating to this subsection.
2 Clause 4 of Part 2 of the Dictionary is about the availability of persons.



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