IEA Section 33 — Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated

Summary

If a witness gave evidence in a court case or before someone legally allowed to record it, that evidence can be used in a later court case or at a later stage of the same case to prove that what the witness said is true. This is only allowed if the witness has died, cannot be found, is unable to give evidence, is being kept away by the opposing side, or cannot be brought to court without causing unreasonable delay or expense. For this to happen, the earlier case must have involved the same parties or their legal representatives, the opposing side must have had the chance to cross-examine the witness, and the main issues in both cases must have been essentially the same.

Official Text

Evidence given by a witness in a judicial proceeding or before any person authorized by law to take it, is relevant for the purpose of proving, in a subsequent judicial proceeding, or in a later stage of the same judicial proceeding, the truth of the facts which it states, when the witness is dead or cannot be found, or is incapable of giving evidence, or is kept out of the way by the adverse party, or if his presence cannot be obtained without an amount of delay or expense which, under the circumstances of the case, the Court considers unreasonable;
Provided—
that the proceeding was between the same parties or their representatives in interest;
that the adverse party in the first proceeding had the right and opportunity to cross-examine;
that the questions in issue were substantially the same in the first as in the second proceeding.

Old <-> New Code Mapping

• BSA §27 — Relevancy of certain evidence for proving, in subsequent proceeding, truth of facts therein stated