Section 45 — Evidence Act 1995 (NSW)

(1) This section applies if a party is cross-examining or has cross-examined a witness about—
(a) a prior inconsistent statement alleged to have been made by the witness that is recorded in a document, or
(b) a previous representation alleged to have been made by another person that is recorded in a document.
(2) If the court so orders or if another party so requires, the party must produce—
(a) the document, or
(b) such evidence of the contents of the document as is available to the party,
to the court or to that other party.
(3) The court may—
(a) examine a document or evidence that has been so produced, and
(b) give directions as to its use, and
(c) admit it even if it has not been tendered by a party.
(4) Subsection (3) does not permit the court to admit a document or evidence that is not admissible because of Chapter 3.
(5) The mere production of a document to a witness who is being cross-examined does not give rise to a requirement that the cross-examiner tender the document.

Related sections

• s 42 — Leading questions
• s 43 — Prior inconsistent statements of witnesses
• s 44 — Previous representations of other persons
• s 46 — Leave to recall witnesses
• s 47 — Definitions
• s 48 — Proof of contents of documents

Research how courts apply s 45

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