Direct Examination — General Rules
(2) Where a witness is called merely for cross-examination by the opposing party, the party calling him need not examine him.
Direct Examination — Leading Questions
(2) Subsection (1) of this section does not apply to a question
(3) A question is not forbidden on the ground that it leads the mind of a witness to a particular subject if it will tend to elicit fairly in the circumstances the honest belief of the witness.
the party calling the witness may apply for a declaration that the witness is hostile.
(2) If the judge advocate declares a witness to be hostile, the party who called him may cross-examine him during the remainder of his testimony, whether on direct examination or re-examination.
(3) A declaration that a witness is hostile shall not affect the rights of the opposite party to cross-examine him.
Recorded Past Recollection
91 (1) Where a witness, when the facts are fresh in his mind, has made or verified a written record of them, and is able to swear to the accuracy of that record, it is, subject to subsection (2), admissible as part of his testimony, even though he does not have an independent recollection of the facts disclosed in the record.
(2) Before a record of past recollection can be introduced in evidence, it must be shown to have been made or verified at a time when it was sufficiently fresh and vivid in the mind of the witness to make it trustworthy.
(3) Where the original record has been lost or destroyed, a copy that was verified by comparison with the lost original, or verified apart from the original while the recollection of the witness was still fresh, may be used under subsection (1).
Refreshing Memory of Witness
92 (1) A witness may be shown a written document to enable him to recall a fact that he has forgotten and, if he then recalls that fact, he may testify to it as he would do any other fact that he has perceived.
(2) In order to refresh his memory, a witness may use documents that are not themselves admissible in evidence.
(3) Documents used under subsection (1)
- Date modified: