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Evidence Act 2006

Trial process - Questioning of witnesses

99: Witnesses recalled by Judge

You could also call this:

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

Illustration for Evidence Act 2006

In a court case, you might see a witness give evidence and then leave. But the Judge can ask that witness to come back if they think it's fair. The Judge can do this at different times, depending on the type of case. If there's a jury, the Judge can recall a witness until the jury goes to decide the verdict.

If there's no jury, the Judge can recall a witness until a decision is made. This rule has an exception, which is explained in section 106H. You should know that section 106H is about cases involving sexual complaints or certain types of witnesses, and it has special rules about questioning them.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM393930.

Topics:
Crime and justice > Courts and legal help
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98: Further evidence after closure of case, or

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

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100: Questioning of witnesses by Judge, or

"The Judge can ask witnesses questions in court to help find out the truth."

Part 3Trial process
Questioning of witnesses

99Witnesses recalled by Judge

  1. In any proceeding, the Judge may recall a witness who has given evidence if the Judge considers that it is in the interests of justice to do so.

  2. The Judge may recall a witness 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.

      1. This section is subject to section 106H (further cross-examination if all evidence of sexual case complainant or propensity witness has been or is to be given by video record made before trial).

      Notes
      • Section 99(3): inserted, on , by section 11 of the Sexual Violence Legislation Act 2021 (2021 No 60).