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Evidence Act 2006

Trial process - Documentary evidence and evidence produced by machine, device, or technical process - General and special rules

132: Documents required to be discovered or included in common bundle

You could also call this:

"What documents must be shared with the other side in a court case"

Illustration for Evidence Act 2006

When you are in a civil proceeding, this section of the law applies to you. You need to follow the rules of court to include documents in a common bundle. The court has rules about what documents can be used as evidence.

If a document is supposed to be in a list or affidavit but is not, you can only use it as evidence if the other party agrees or if the Judge says it is okay. The Judge makes the decision about whether the document can be used. You have to follow the rules of court.

There are assumptions made about the documents in the common bundle, like where they came from. These assumptions are stated in the rules of court and can be disputed if you have a good reason. The rules of court explain how you can dispute these assumptions.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM393974.

Topics:
Crime and justice > Courts and legal help
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Part 3Trial process
Documentary evidence and evidence produced by machine, device, or technical process: General and special rules

132Documents required to be discovered or included in common bundle

  1. This section applies only to a civil proceeding.

  2. A document in a common bundle is received in evidence when the relevant conditions set out in rules of court have been complied with.

  3. A document required by rules of court to be included in a party’s affidavit or list made for the purposes of discovery but which has not been so included, may be produced in evidence at the hearing only with—

  4. the consent of the other party; or
    1. the leave of the Judge.

      1. Each document contained in the common bundle is subject to presumptions as to nature and origin that—

      2. are specified in rules of court; and
        1. are rebuttable in circumstances and in the manner set out in those rules.