90Use of documents in questioning witness or refreshing memory

1. A party must not, for the purpose of questioning a witness in a proceeding, use a document that has been excluded under section 28, 29, or 30.

2. A witness must not consult a document that has been excluded under section 28, 29, or 30 while giving evidence.

3. If when questioning a witness a party proposes to use a document or to show a document to the witness, that document must be shown to every other party to the proceeding.

4. If a witness proposes to consult a document while giving evidence,—

5. that document must be shown to every other party to the proceeding; and
6. that document may not be consulted by that witness—
   1. without the prior leave of the Judge or the consent of the other parties; or
   2. if the purpose of consulting that document is to refresh his or her memory while giving evidence, except in accordance with subsection (5).

7. For the purposes of refreshing his or her memory while giving evidence, a witness may, with the prior leave of the Judge, consult a document made or adopted at a time when his or her memory was fresh.

8. Subsection (5) is subject to subsection (2).

9. A previous statement of a witness that is consistent with a witness’s evidence is admissible if—

10. the circumstances relating to the statement provide reasonable assurance that the statement is reliable; and
11. the statement provides the court with information that the witness is unable to recall.