Section 49 — Evidence Act 1995 (NSW)

No paragraph of section 48 (1) (other than paragraph (a)) applies to a document that is in a foreign country unless—
(a) the party who adduces evidence of the contents of the document in question has, not less than 28 days (or such other period as may be prescribed by the regulations or by rules of court) before the day on which the evidence is adduced, served on each other party a copy of the document proposed to be tendered, or
(b) the court directs that it is to apply.
Note. Section 182 of the Commonwealth Act gives section 49 of the Commonwealth Act a wider application in relation to Commonwealth records and certain Commonwealth documents.

Related sections

• s 46 — Leave to recall witnesses
• s 47 — Definitions
• s 48 — Proof of contents of documents
• s 50 — Proof of voluminous or complex documents
• s 51 — Original document rule abolished
• s 52 — Adducing of other evidence not affected

Research how courts apply s 49

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