Magistrates Court (Civil Division) Amendment (Written Evidence) Rules 2008


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Magistrates Court (Civil Division) Amendment (Written Evidence) Rules 2008

The Magistrates Rule Committee makes the following rules of court under section 15AE of the Magistrates Court Act 1987 .

1.   Short title

These rules of court may be cited as the Magistrates Court (Civil Division) Amendment (Written Evidence) Rules 2008 .

2.   Commencement

These rules of court take effect on the day on which their making is notified in the Gazette.

3.   Principal Rules

In these rules of court, the Magistrates Court (Civil Division) Rules 1998 are referred to as the Principal Rules.

4.    Rule 99 amended (Orders at trial)

Rule 99 of the Principal Rules is amended by inserting after subrule (3) the following subrule:
(3A)  Subject to section 31AC of the Magistrates Court (Civil Division) Act 1992 , the Court may, on any terms and conditions it considers appropriate, allow a written statement or report by a witness to be tendered or treated as evidence in chief of that witness.

These rules of court were made by Magistrates Rule Committee at a meeting held on 24 September 2008.

ARNOLD SHOTT

Chief Magistrate

MICHAEL HILL

Deputy Chief Magistrate

CHRIS WEBSTER

Member

SAM MOLLARD

Member

HELEN WOOD

Member

PETER DIXON

Member

GLENN HAY

Member

MARK RAPLEY

Member

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 8 October 2008

These rules are administered in the Department of Justice.

EXPLANATORY NOTE

(This note is not part of the rule)

These rules of court amend the Magistrates Court (Civil Division) Rules 1998 by providing that the Magistrates Court may allow a written statement or report to be tendered or treated as a witness's evidence in chief.