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Evidence Act 2006

Trial process - Questioning of witnesses

83: Ordinary way of giving evidence

You could also call this:

"Telling the court what you know, usually by speaking or sometimes in writing"

Illustration for Evidence Act 2006

When you are a witness in a court case, you usually give evidence by speaking out loud in a courtroom. You do this in front of the Judge, and also in front of the people involved in the case and their lawyers. Any member of the public can also be there, unless the Judge says they cannot. In some cases, you can give evidence in writing, either by filing a special document called an affidavit with the court, or by reading out a written statement in the courtroom. This can happen in a criminal case if both the prosecution and the defendant agree to it, or in a civil case if the court rules allow it or if both parties agree to it.

When you give evidence in writing, it must be your own personal statement and it must not include anything that is not allowed under the law. You have to make sure your written statement is only saying things that you know and that are allowed in court. The court will use your written statement as evidence, but only if it meets these rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM393914.

Topics:
Crime and justice > Courts and legal help
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82: Views, or

"When the court visits a place to help decide a case"

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84: Examination of witnesses, or

"Asking witnesses questions in court to find out what they know"

Part 3Trial process
Questioning of witnesses

83Ordinary way of giving evidence

  1. The ordinary way for a witness to give evidence is,—

  2. in a criminal or civil proceeding, orally in a courtroom in the presence of—
    1. the Judge or, if there is a jury, the Judge and jury; and
      1. the parties to the proceeding and their counsel; and
        1. any member of the public who wishes to be present, unless excluded by order of the Judge; or
        2. in a criminal proceeding, in an affidavit filed in the court or by reading a written statement in a courtroom, if both the prosecution and the defendant consent to the giving of evidence in this form; or
          1. in a civil proceeding, in an affidavit filed in the court or by reading a written statement in a courtroom, if—
            1. rules of court permit or require the giving of evidence in this form; or
              1. both parties consent to the giving of evidence in this form.

              2. An affidavit or a written statement referred to in subsection (1)(b) or (c) may be given in evidence only if it—

              3. is the personal statement of the deponent or maker; and
                1. does not contain a statement that is otherwise inadmissible under this Act.