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Section 158: When Witnesses Refresh Memory Using Documents

158.Refreshing memory; when witness may use copy of document to refresh memory

(1)A witness may, while under examination, refresh his or her memory by referring to any writing made by himself or herself at the time of the transaction concerning which he or she is questioned, or so soon afterwards that the court considers it likely that the transaction was at that time fresh in his or her memory.

(2)The witness may also refer to any such writing made by any other person, and read by the witness within the time aforesaid, if when he or she read it he or she knew it to be correct.

(3)Whenever a witness may refresh his or her memory by reference to any document, he or she may, with the permission of the court, refer to a copy of that document if the court is satisfied that there is sufficient reason for the non-production of the original.

(4)An expert may refresh his or her memory by reference to professional treatises.

Plain English Summary

A witness giving evidence in court may refresh their memory by looking at a document they wrote themselves during or soon after the event in question....

AI-generated, for reference only.

🔍Search Tips
  • • Search by keyword: "land", "tax", "arrest"
  • • Use exact phrases: "land commission"
  • • Enter citations: 45, 45(3)(a), 45:3:a
  • • Press / to search, Esc to close

Searching within THE EVIDENCE ACT. Faster results.