South Australian Current Acts

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EVIDENCE ACT 1929 - SECT 38

38—Foreign and Colonial Acts of State, judgments etc provable by copies

        (1)         Evidence of any proclamation, treaty, or other act of State, of any foreign State, or in any part of His Majesty's Dominions outside the Commonwealth and other than the United Kingdom, may be given by the production of a document, purporting to be a copy thereof and—

            (a)         proved to be an examined copy thereof; or

            (b)         purporting to be sealed with the seal of the foreign State or of the said part of His Majesty's Dominions.

        (2)         Evidence of any judgment, decree, order or other judicial proceeding of any court of justice in the United Kingdom or in any foreign State or part of His Majesty's Dominions outside the Commonwealth and other than the United Kingdom (including any affidavit, pleading, or other legal document filed or deposited in the court) may be given by the production of a document purporting to be a copy thereof; and

            (a)         proved to be an examined copy thereof; or

            (b)         purporting to be sealed with the seal of such court; or

            (c)         purporting to be signed by a judge of such court with a statement in writing attached by him to his signature that such court has no seal, and without proof of his judicial character, or of the truth of such statement.

        (3)         If any such document as aforesaid purports to be sealed or signed as aforesaid it shall be admissible without proof of the seal or of the signature as the case may be.



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