Lawgist148Court to decide when question shall be asked and when witness compelled to answer
If any such question relates to a matter not relevant to the suit or proceeding, except in so far as it affects the credit of the witness by injuring his character, the Court shall decide whether or not the witness shall be compelled to answer it, and may, if it thinks fit, warn the witness that he is not obliged to answer it. In exercising its discretion, the Court shall have regard to the following considerations: --
(1) such questions are proper if they are of such a nature that the truth of the imputation conveyed by them would seriously affect the opinion of the Court as to the credibility of the witness on the matter to which he testifies;
(2) such questions are improper if the imputation which they convey relates to matters so remote in time, or of such a character, that the truth of the imputation would not affect, or would affect in a slight degree, the opinion of the Court as to the credibility of the witness on the matter to which he testifies;
(3) such questions are improper if there is a great disproportion between the importance of the imputation made against the witnesss character and the importance of his evidence;
(4) the Court may, if it sees fit, draw, from the witnesss refusal to answer, the inference that the answer if given would be unfavourable.
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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
