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EVIDENCE REGULATIONS 2009 - REG 5

Exceptions to hearsay rule—notice of intention to adduce evidence of previous representations

    (1)     For the purposes of section 67(1) of the Act, a notice given under that section ( notice of previous representation")" must state—

        (a)     the substance of evidence of a previous representation that the notifying party intends to adduce; and

        (b)     the substance of all other relevant representations made by the person who made that previous representation, so far as they are known to the notifying party; and

        (c)     particulars of—

              (i)     the date, time and place at and the circumstances in which each of the representations mentioned in paragraph (a) or (b) was made; and

              (ii)     the names of the persons by whom, and the persons to whom, each of those representations was made; and

              (iii)     in a civil proceeding, the address of each person named under subparagraph (ii), so far as they are known to the notifying party.

    (2)     If a notifying party intends to rely on—

        (a)     section 63(2)(a) or (b) of the Act; or

        (b)     section 65(2)(a), (b), (c) or (d) of the Act; or

        (c)     section 65(3)(a) or (b) of the Act; or

        (d)     section 65(8)(a) or (b) of the Act—

the party's notice of previous representation must state particulars of the facts on the basis of which it is alleged that the person who made a representation referred to in the notice is not available to testify concerning the fact to be proved by adducing evidence of that representation.

    (3)     If a notifying party intends to rely on section 64(2)(a) or (b) of the Act, the party's notice of previous representation must state particulars of the facts that the party will rely on to establish the grounds specified in section 64(2) of the Act.

    (4)     If a notice of previous representation refers to a previous representation that is in writing—

        (a)     a copy of the document, or of the relevant portion of the document, containing the representation must be attached to the notice; and

        (b)     the notice must identify the document unless the identity of the document is apparent on the face of the copy attached to the notice.

    (5)     If a copy of a document, or of a portion of a document, is attached to a notice of previous representation it is a sufficient compliance for the purposes of subregulation (1)(a) to specify in the notice, or in the copy of a document or portion of a document attached to the notice, the representation evidence of which the notifying party intends to adduce.



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