Section 45Part 4 — Civil proceedings
Admissibility of out of court statements
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45. (1) In civil proceedings a statement made, whether orally or in a document or otherwise, by any person, whether called as a witness in those proceedings or not, is, subject to this section and to Rules of Court, admissible as evidence of any fact stated therein of which oral evidence by the person would be admissible.
Where, in any civil proceedings, a party desiring to give a statement in evidence by virtue of this section has called or intends to call as a witness in the proceedings the person by whom the statement was made, the statement —
shall not be given in evidence by virtue of this section on behalf of that party without the leave of the court; and
without prejudice to paragraph (a), shall not be given in evidence by virtue of this section on behalf of that party before the conclusion of the examination-in-chief of the person by whom it was made, except — Section 46 Evidence Act (2021 Revision) Page 46 Revised as at 31st December, 2020 c
where, before that person is called, the court allows evidence of the making of the statement to be given on behalf of that party by some other person; or made to narrate it in the course of the person’s examination-in-chief on the ground that to prevent the person from doing so would adversely affect the intelligibility of the person’s evidence.
insofar as the court allows the person by whom the statement was
Where, in civil proceedings, a statement which was made otherwise than in a document is admissible by virtue of this section, no evidence other than direct oral evidence by the person who made the statement or any person who heard or otherwise perceived it being made is admissible for the purpose of proving it: Provided that, if the statement in question was made by a person while giving oral evidence in some other legal proceedings (whether civil or criminal), it may be proved in any manner authorised by the court.