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New Zealand law explained for everyone

Evidence Act 2006

Trial process - Questioning of witnesses

98: Further evidence after closure of case

You could also call this:

"Adding new evidence after your court case is finished, with the Judge's permission"

Illustration for Evidence Act 2006

When you are in a court case, you usually can't add more evidence after you have finished presenting your case. But you can ask the Judge for permission to add more evidence. The Judge will decide whether to let you add more evidence. The Judge wants to make sure everything is fair for all parties involved.

In a civil case, the Judge will not let you add more evidence if it would be unfair to the other party and that unfairness can't be fixed by delaying the case or giving the other party some costs. You can ask the Judge for permission to add more evidence at any time until the jury makes a decision or the Judge makes a judgment. The Judge has the power to make this decision.

In a criminal case, the Judge might let the prosecution add more evidence if it is about a minor issue or something that happened because of what the defence did. The Judge might also let the prosecution add more evidence if it was not available before or if it is in the interests of justice. The same rules apply to the defendant, the Judge might let them add more evidence if it is in the interests of justice.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM393929.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Criminal law
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97: Re-examination, or

"Asking a witness more questions after cross-examination to clarify what they said"

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99: Witnesses recalled by Judge, or

"The Judge can ask a witness to come back and answer more questions"

Part 3Trial process
Questioning of witnesses

98Further evidence after closure of case

  1. In any proceeding, a party may not offer further evidence after closing that party’s case, except with the permission of the Judge.

  2. In a civil proceeding, the Judge may not grant permission under subsection (1) if any unfairness caused to any other party by the granting of permission cannot be remedied by an adjournment or an award of costs, or both.

  3. In a criminal proceeding, the Judge may grant permission to the prosecution under subsection (1) if—

  4. the further evidence relates to a purely formal matter; or
    1. the further evidence relates to a matter arising out of the conduct of the defence, the relevance of which could not reasonably have been foreseen; or
      1. the further evidence was not available or admissible before the prosecution’s case was closed; or
        1. for any other reason the interests of justice require the further evidence to be admitted.

          1. In a criminal proceeding, the Judge may grant permission to a defendant under subsection (1) if the interests of justice require the further evidence to be admitted.

          2. The Judge may grant permission under subsection (1),—

          3. if there is a jury, at any time until the jury retires to consider its verdict:
            1. in any other proceeding, at any time until judgment is delivered.