Section 56Part 4 — Civil proceedings
Rules
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56. (1) Without prejudice to the powers to make Rules of Court conferred upon the Chief Justice by any other law, the Chief Justice may make Rules of Court as to the procedure which, subject to any exceptions provided for in the Rules, must be followed and the other conditions which, subject as aforesaid, must be fulfilled before a statement can be given in civil proceedings by virtue of section 45, 47 or 48.
Rules of Court made under subsection (1) may, subject to such exceptions, if any, as may be provided for therein —
require a party to any civil proceedings who desires to give in evidence any such statement as is mentioned in that subsection to give every other party to the proceedings such notice of that party’s desire so to do and such particulars of or relating to the statement as may be specified in the Rules, including particulars of such one or more of the persons connected with the making or recording of the statement or, in the case of a statement falling within section 45(1), such one or more of the persons concerned as mentioned in paragraph (c) of section 49(3) as the Rules may, in any case, require; and
enable any party who receives such notice as aforesaid by counternotice to require any person of whom particulars were given with the notice to be called as a witness in the proceedings unless that person is dead, or beyond the seas, or unfit by reason of that person’s bodily or mental condition to be called as a witness, or cannot with reasonable diligence be identified or found, or cannot reasonably be expected (having regard to the time which has elapsed since that person was connected or concerned as aforesaid and to all the circumstances) to have any recollection of matters relevant to the accuracy or otherwise of the statement.
Rules of Court made under subsection (1) —
may confer on the court, in any civil proceedings, a discretion to allow a statement falling within section 45(1), 47(1) or 48(1) to be given in evidence notwithstanding that any requirement of the Rules affecting the admissibility of that statement has not been complied with, but except in Section 57 Evidence Act (2021 Revision) Page 56 Revised as at 31st December, 2020 c pursuance of paragraph (b), shall not confer on the court a discretion to exclude such a statement where the requirements of the Rules affecting its admissibility have been complied with;
may confer on the court power, where a party to any proceedings has given notice that such party desires to give in evidence —
a statement falling within section 45(1) which was made by a person whether orally or in a document, in the course of giving evidence in some other legal proceedings (whether civil or criminal); or of any direct oral evidence given in some other legal proceedings (whether civil or criminal), to give directions, on the application of any party to the proceedings, as to whether, and if so on what conditions, the party desiring to give the statement in evidence will be permitted so to do and (where applicable) as to the manner in which that statement and other evidence given in those other proceedings is to be proved; and
a statement falling within section 45(1) which is contained in a record
may make different provisions for different circumstances and in particular may make different provisions with respect to statements falling within sections 45(1), 47(1) and 48(1) respectively, and any discretion conferred on the court by Rules of Court made as aforesaid may be either a general discretion or a discretion exercisable only in such circumstances as may be specified in the Rules.
Rules of Court may make provision for preventing a party to any civil proceedings (subject to any exceptions provided for in the Rules) from adducing in relation to a person who is not called as a witness in those proceedings any evidence which could otherwise be adduced by the person by virtue of section 50 unless that party has, in pursuance of the rules, given in respect of that person such a counternotice as is mentioned in paragraph (b) of subsection (2).
In deciding for the purpose of any Rules of Court made in pursuance of this section whether or not a person is fit to attend as a witness, a court may act on a certificate purporting to be a certificate of a qualified medical practitioner.