AustLII Tasmanian Consolidated Acts

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SUPREME COURT CIVIL PROCEDURE ACT 1932 - SECT 32

Act not to affect mode of giving evidence on jury trials, rules of evidence, or law as to juries

(1)  Subject to the express provisions of this Act, nothing in this Act or the Rules of Court shall affect the mode of giving evidence by the oral examination of witnesses in trials with a jury, or the rules of evidence, or the law relating to jurymen and juries.
(2)  Provided that nothing in this section shall –
(a) prejudice the operation of any Rules of Court made in pursuance of the express power conferred by this Act to make Rules of Court for regulating the means by which particular facts may be proved and the mode in which evidence thereof may be given;
(b) affect the power of the Court or a judge, for any special reason or reasons, to allow depositions or affidavits to be read, or the power to make Rules of Court for that purpose;
(c) affect the power of the Court or a judge to issue or order the issue of a commission for, or to make an order for, the examination of any witness out of the jurisdiction of the Court, or to make an order for the examination upon oath or affirmation before the Court or a judge, or any officer of the Court, or a judge of an inferior court of civil jurisdiction, or an examiner or any other person at any place within the jurisdiction of the Court, of any witness or person in any case in which, notwithstanding subsection (1) , it appears to the Court or judge necessary for the purposes of justice that such a commission, or any such order, should be issued or made, or the power to make Rules of Court for any such purpose;
(d) affect the admissibility at any trial of any evidence taken on any such examination in any case in which such evidence would be admissible under the Evidence Act 2001 , or to the Rules of Court , or any order made thereunder; or
(e) affect the operation of section 29 .



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