Section 35 — Evidence Act 1995 (NSW)

Effect of calling for production of documents

(1) A party is not to be required to tender a document only because the party, whether under this Act or otherwise—
(a) called for the document to be produced to the party, or
(b) inspected it when it was so produced.
(2) The party who produces a document so called for is not entitled to tender it only because the party to whom it was produced, or who inspected it, fails to tender it.

Sourced from the New South Wales Legislation website at 8 June 2026. For the latest information on New South Wales Government legislation please go to https://www.legislation.nsw.gov.au. Verify the current text against the official source before relying on it.

Related sections

s 32 — Attempts to revive memory in court
s 33 — Evidence given by police officers
s 34 — Attempts to revive memory out of court
s 36 — Person may be examined without subpoena or other process
s 37 — Leading questions
s 38 — Unfavourable witnesses

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