Victorian Current Acts

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Manner of giving evidence

    (1)     The trial judge may permit a person to give evidence—

        (a)     with the consent of the parties, by the witness reading from the statement of the witness prepared in advance of giving evidence;

        (b)     if the person is called in his or her capacity as an expert witness, by the presentation of audio or audiovisual material;

        (c)     by means of playing an audio or audiovisual recording;

        (d)     in any other manner that the trial judge considers may be of assistance.

    (2)     Nothing in subsection (1) precludes—

        (a)     in the case of subsection (1)(b), the questioning of an expert witness by cross-examination or otherwise before, during or after a presentation; or

        (b)     in the case of subsection (1)(c), if unanticipated issues arise during the trial, the trial judge making an order that the witness attend before the court.

S. 232(3) amended by Nos 68/2009 s. 21, 69/2009 s. 54(Sch. Pt 2 item 18.1).

    (3)     Nothing in this section affects the operation of Division 6 of Part 8.2 of this Act, Part IIA of the Evidence (Miscellaneous Provisions) Act 1958 and sections 29 and 50 of the Evidence Act 2008 .

S. 232A inserted by No. 6/2017 s. 3.

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