IEA Section 144 — Evidence as to matters in writing

Summary

During a trial, a witness can be asked if a contract, gift, or transfer of property they are talking about was written down in a document. If the witness says it was, or if they start to describe what a document says, the other side can stop that testimony until the actual document is brought to court. The only exception is if the person who called the witness can first prove they have a legal right to use a copy or other secondary evidence instead of the original document.

Official Text

Any witness may be asked, whilst under examination whether any contract, grant or other disposition of property, as to which he is giving evidence, was not contained in a document, and if he says that it was, or if he is about to make any statement as to the contents of any document, which in the opinion of the Court, ought to be produced, the adverse party may object to such evidence being given until such document is produced, or until facts have been proved which entitle the party who called the witness to give secondary evidence of it.

Old <-> New Code Mapping

• BSA §147 — Evidence as to matters in writing