Section 32 — Evidence Act 1995 (NSW)

(1) A witness must not, in the course of giving evidence, use a document to try to revive his or her memory about a fact or opinion unless the court gives leave.
(2) Without limiting the matters that the court may take into account in deciding whether to give leave, it is to take into account—
(a) whether the witness will be able to recall the fact or opinion adequately without using the document, and
(b) whether so much of the document as the witness proposes to use is, or is a copy of, a document that—
(i) was written or made by the witness when the events recorded in it were fresh in his or her memory, or
(ii) was, at such a time, found by the witness to be accurate.
(3) If a witness has, while giving evidence, used a document to try to revive his or her memory about a fact or opinion, the witness may, with the leave of the court, read aloud, as part of his or her evidence, so much of the document as relates to that fact or opinion.
(4) The court is, on the request of a party, to give such directions as the court thinks fit to ensure that so much of the document as relates to the proceeding is produced to that party.

Related sections

• s 29 — Manner and form of questioning witnesses and their responses
• s 30 — Interpreters
• s 31 — Deaf and mute witnesses
• s 33 — Evidence given by police officers
• s 34 — Attempts to revive memory out of court
• s 35 — Effect of calling for production of documents

Research how courts apply s 32

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.