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CIVIL EVIDENCE ACT (NORTHERN IRELAND) 1971 - SECT 5

Rules of court.

5.(1) Provision shall be made by 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 evidence in civil proceedings by virtue of section 1
or 2.

(2) Rules of court made in pursuance of subsection (1) shall in particular,
subject to such exceptions, if any, as may be provided for in the rules

(a)require a party to any civil proceedings who desires to give in evidence
any such statement as is mentioned in that subsection to give to every other
party to the proceedings such notice of his desire to do so 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 2(1), such one or more of the persons concerned as mentioned in
section 3(3)(b) as the rules may in any case require; and

(b)enable any party who receives such notice as aforesaid by counter-notice 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 his bodily or mental condition to attend 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 he
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.

(3) Rules of court made in pursuance of subsection (1)

(a)may confer on the court in any civil proceedings a discretion to allow a
statement falling within section 1(1) or 2(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 pursuance of
paragraph (b) of this subsection 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;

(b)may confer on the court power, where a party to any civil proceedings has
given notice that he desires to give in evidence a statement falling within
section 1(1) which is contained in a record 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 to do so and (where applicable) as to the manner in
which that statement and any other evidence given in those other proceedings
is to be proved; and

(c)may make different provision for different circumstances, and in particular
may make different provision with respect to statements falling within
sections 1(1) and 2(1) respectively;

(4) 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 him by virtue of
section 4 unless that party has in pursuance of the rules given in respect of
that person such a counter-notice as is mentioned in subsection (2)(b).

(5) In deciding for the purposes 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 fully registered
medical practitioner.

Subs.(6) rep. by 1978 s.23 s.122(2) sch.7 Pt.II

(7) References in this section to rules of court include

(a)in relation to the county court, references to county court rules; and

(b)in relation to magistrates' courts, references to magistrates' courts
rules.

© 1971 Crown Copyright

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