BSA Section 167 — Using, as evidence, of document production of which was refused on notice

Summary

A party who has been given notice to produce a document and then refuses to produce it cannot later use that same document as evidence in the case, unless the other party agrees or the court orders otherwise.

The illustration explains this with an example: A sues B based on an agreement and gives B notice to produce it. At trial, A asks for the document and B refuses to produce it, so A gives secondary evidence of what the document contains. If B then tries to produce the document itself to contradict A's secondary evidence, or to show that the agreement is not stamped, B cannot do so.

Official Text

When a party refuses to produce a document which he has had notice to produce, he cannot afterwards use the document as evidence without the consent of the other party or the order of the Court.

Illustration. A sues B on an agreement and gives B notice to produce it. At the trial, A calls for the document and B refuses to produce it. A gives secondary evidence of its contents. B seeks to produce the document itself to contradict the secondary evidence given by A, or in order to show that the agreement is not stamped. He cannot do so.

Old <-> New Code Mapping

• IEA §164 — Using, as evidence, of document production of which was refused on notice