Lawgist136Judge to decide as to admissibility of evidence
When either party proposes to give evidence of any fact, the Judge may ask the party proposing to give the evidence in what manner the alleged fact, if proved, would be relevant; and the Judge shall admit the evidence if he thinks that the fact, if proved, would be relevant, and not otherwise.
If the fact proposed to be proved is one of which evidence is admissible only upon proof of some other fact, such last-mentioned fact must be proved before evidence is given of the fact first-mentioned, unless the party undertakes to give proof of such fact, and the Court is satisfied with such undertaking.
If the relevancy of one alleged fact depends upon another alleged fact being first proved, the Judge may, in his discretion, either permit evidence of the first fact to be given before the second fact is proved, or require evidence to be given of the second fact before evidence is given of the first fact.
Illustrations
(a) It is proposed to prove a statement about a relevant fact by a person alleged to be dead, which statement is relevant under section 32.
The fact that the person is dead must be proved by the person proposing to prove the statement, before evidence is given of the statement.
(b) It is proposed to prove, by a copy, the contents of a document said to be lost.
The fact that the original is lost must be proved by the person proposing to produce the copy, before the copy is produced.
(c) A is accused of receiving stolen property knowing it to have been stolen.
It is proposed to prove that he denied the possession of the property.
The relevancy of the denial depends on the identity of the property. The Court may, in its discretion, either require the property to be identified before the denial of the possession is proved, or permit the denial of the possession to be proved before the property is identified.
(d) It is proposed to prove a fact (A) which is said to have been the cause or effect of fact in issue. There are several intermediate facts (B, C and D) which must be shown to exist before the fact (A) can be regarded as the cause or effect of the fact in issue. The Court may either permit A to be proved before B, C or D is proved, or may require proof of B, C and D before permitting proof of A.
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- 135 Order of production and examination of witnesses
- 136 Judge to decide as to admissibility of evidence
- 137 Examination-in-chief
- 138 Order of examinations
- 139 Cross-examination of person called to produce a document
- 140 Witnesses to character
- 141 Leading questions
- 142 When they must not be asked
- 143 When they may be asked
- 144 Evidence as to matters in writing
- 145 Cross-examination as to previous statements in writing
- 146 Questions lawful in cross-examination
- 147 When witness to be compelled to answer
- 148 Court to decide when question shall be asked and when witness compelled to answer
- 149 Question not to be asked without reasonable grounds
- 150 Procedure of Court in case of question being asked without reasonable grounds
- 151 Indecent and scandalous questions
- 152 Questions intended to insult or annoy
- 153 Exclusion of evidence to contradict answers to questions testing veracity
- 154 Question by party to his own witness
- 155 Impeaching credit of witness
- 156 Questions tending to corroborate evidence of relevant fact, admissible
- 157 Former statements of witness may be proved to corroborate later testimony as to same fact
- 158 What matters may be proved in connection with proved statement relevant under section 32 or 33
- 159 Refreshing memory
- 160 Testimony to facts stated in document mentioned in section159
- 161 Right of adverse party as to writing used to refresh memory
- 162 Production of documents
- 163 Giving, as evidence, of document called for and produced on notice
- 164 Using, as evidence, of document production of which was refused on notice
- 165 Judge’s power to put questions or order production
- 166 Power of jury or assessors to put questions
