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Evidence for proof of commission of an offence


- Made under the Civil Procedure Act 2005
- As at 5 December 2014 - Reg 418 of 2005



           Division 1 - Evidence at hearing

   31.1.   Manner of giving evidence at trial
   31.2.   Evidence of witnesses at other hearings
   31.3.   Evidence by telephone, video link or other communication
   31.4.   Court may direct party to furnish witness statement
   31.5.   Notice under s 67 or s 99 of the Evidence Act 1995
   31.6.   Evidence on commission
   31.7.   Foreign material
   31.8.   Earlier evidence in the same proceedings
   31.9.   Earlier evidence in other proceedings
   31.10.  Plans, photographs, audio-visual recordings and models
   31.11.  Production of court documents
   31.12.  Proof of court documents
   31.13.  Unstamped documents: arrangements under section 304 of the Duties Act 1997
   31.14.  Unstamped documents: undertaking in respect of section 29 of the Stamp Duties Act 1920
   31.15.  Evidence of consent to act as tutor, trustee, receiver or other office
   31.16.  Evidence of published research concerning maintenance of children
   31.16A. Return of exhibits

           Division 2 - Provisions applicable to expert evidence generally

              Subdivision 1 - Preliminary

   31.17.  Main purposes of Division
   31.18.  Definitions

              Subdivision 2 - Expert witnesses generally

   31.19.  Parties to seek directions before calling expert witnesses
   31.20.  Court may give directions regarding expert witnesses
   31.21.  Expert evidence in chief to be given by way of experts’ reports
   31.22.  Expert witness to provide details of contingency fees or deferred payment schemes
   31.23.  Code of conduct
   31.24.  Conference between expert witnesses
   31.25.  Instructions to expert witnesses where conference ordered before report furnished
   31.26.  Joint report arising from conference between expert witnesses

              Subdivision 3 - Experts’ reports and expert evidence

   31.27.  Experts’ reports
   31.28.  Disclosure of experts’ reports and hospital reports
   31.29.  Admissibility of expert’s report
   31.30.  Admissibility of expert’s report in District Court and Local Court
   31.31.  Fees for medical expert for compliance with subpoena
   31.32.  Service of subpoena on medical expert
   31.33.  Subpoena requiring production of medical records
   31.34.  Supplementary reports by expert witness
   31.35.  Opinion evidence by expert witnesses
   31.36.  Service of experts’ reports in professional negligence claims

              Subdivision 4 - Parties’ single experts

   31.37.  Selection and engagement
   31.38.  Instructions to parties’ single expert
   31.39.  Parties’ single expert may apply to court for directions
   31.40.  Parties’ single expert’s report to be sent to parties
   31.41.  Parties may seek clarification of report
   31.42.  Tender of reports and of answers to questions
   31.43.  Cross-examination of parties’ single expert
   31.44.  Prohibition of other expert evidence
   31.45.  Remuneration of parties’ single expert

              Subdivision 5 - Court-appointed experts

   31.46.  Selection and appointment
   31.47.  Instructions to court-appointed expert
   31.48.  Court-appointed expert may apply to court for directions
   31.49.  Court-appointed expert’s report to be sent to registrar
   31.50.  Parties may seek clarification of court-appointed expert’s report
   31.51.  Cross-examination of court-appointed expert
   31.52.  Prohibition of other expert evidence
   31.53.  Remuneration of court-appointed expert
   31.54.  Assistance to court by other persons