New South Wales Consolidated Regulations

LOCAL COURT RULES 2009 - REG 3.13

3.13 Written statements in briefs of evidence

(1) A written statement that is included in a copy of a brief of evidence may be in the form of questions and answers.

(2) A written statement that is included in a copy of a brief of evidence must--

(a) specify the name and age of the person who made the statement, and

(b) be endorsed in accordance with subrules (2A) and (2B) by the maker of the statement, and

(c) be written in a language of which the person who made the statement has a reasonable understanding, and

(d) be signed by the person who made the statement.

(2A) Subject to subrule (2B), an endorsement referred to in subrule (2)(b) is to be in or to the effect of the following form--

"This statement made by me accurately sets out the evidence that I would be prepared, if necessary, to give in court as a witness. The statement is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I will be liable to prosecution if I have wilfully stated in it anything that I know to be false or do not believe to be true."

(2B) In the case of a child, or an adult who is apparently of appreciably below average intelligence, it is sufficient if the endorsement includes--

(a) words to the effect that the statement is true, or

(b) words to the effect that the statement contains no lies.

(3) If the person is unable to sign the written statement, the statement may be signed by another person with the consent of and in the presence of the person who made the statement.

(4) The other person must sign an endorsement on the statement to the effect that the person signed the statement on behalf of, with the consent of and in the presence of the person who made the statement.

(5) A written statement must be signed by another person as a witness to the signing of the statement by the person who made it or as a witness to the signing by another person on the maker's behalf (if applicable).

(6) If a copy of the brief of evidence includes any written statement that is, wholly or in part, in a language other than English, there must be annexed to it--

(a) a document purporting to contain a translation of the statement, or so much of it as is not in the English language, into the English language, and

(b) a certificate by the translator stating his or her qualifications and certifying that the translation is a correct translation of the document.