Part I Procedure etc. in Civil Courts

Evidence

5 Witness statements.

1

Rules of court may make provision—

a

requiring, in specified circumstances, any party to civil proceedings to serve on the other parties a written statement of the oral evidence which he intends to adduce on any issue of fact to be decided at the trial;

b

enabling the court to direct any party to civil proceedings to serve such a statement on the other party; and

c

prohibiting a party who fails to comply with such a requirement or direction from adducing oral evidence on the issue of fact to which it relates.

2

Where a party to proceedings has refused to comply with such a requirement or direction, the fact that his refusal was on the ground that the required statement would have been a document which was privileged from disclosure shall not affect any prohibition imposed by virtue of subsection (1)(c).

3

This section is not to be read as prejudicing in any way any other power to make rules of court.