New South Wales Consolidated Regulations

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UNIFORM CIVIL PROCEDURE RULES 2005 - REG 31.4

Court may direct party to furnish witness statement

31.4 Court may direct party to furnish witness statement

(cf SCR Part 36, rule 4A)

(1) The court may direct any party to serve on each other active party a written statement of the oral evidence that the party intends to adduce in chief on any questions of fact to be decided at any hearing (a
"witness statement" ).
(2) A direction under subrule (1)--
(a) may make different provision with regard to different questions of fact or different witnesses, and
(b) may require that notice be given of any objection to any of the evidence in a witness statement and of the grounds of any such objection.
(3) Each witness statement must be signed by the intended witness unless the signature of the witness cannot be procured or the court orders otherwise.
(4) If an intended witness to whose evidence a witness statement relates does not give evidence, no party may put the statement in evidence at the hearing except by leave of the court.
(5) If the party serving the statement calls as a witness at the hearing any person whose witness statement has been served pursuant to a direction under subrule (1)--
(a) that person's witness statement is to stand as the whole of his or her evidence in chief, so long as that person testifies to the truth of the statement, and
(b) except by leave of the court, the party may not adduce from that person any further evidence in chief.
(6) A party who fails to comply with a direction given under this rule may not adduce evidence to which the direction relates, except by leave of the court.
(7) This rule does not deprive any party of the right to treat any communication as privileged and does not make admissible any evidence that is otherwise inadmissible.
(8) An application by a party for an order that the party not be required to comply with a direction under this rule in respect of any proposed witness or witnesses (whether or not such a direction has been given) may be made without serving notice of motion.



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