Search Legislation

Evidence Act (Northern Ireland) 1939

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As enacted)
 Help about advanced features

Advanced Features

 Help about opening options

Opening Options

More Resources

Changes over time for: Evidence Act (Northern Ireland) 1939

 Help about opening options

Alternative versions:

Changes to legislation:

There are currently no known outstanding effects for the Evidence Act (Northern Ireland) 1939. Help about Changes to Legislation


Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Legislation Crest

Evidence Act (Northern Ireland) 1939 F1

1939 CHAPTER 12

An Act to amend the law of evidence.

[4th July 1939]

F11979 NI 8

Ss. 1, 2 rep. by 1997 NI 21

3Proof of instrument to validity of which attestation is necessary.N.I.

Subject as hereafter in this section provided, in any proceedings, whether civil or criminal, an instrument to the validity of which attestation is requisite may, instead of being proved by an attesting witness, be proved in the manner in which it might be proved if no attesting witness were alive:

Provided that nothing in this section shall apply to the proof of wills or other testamentary documents.

4Presumptions as to documents twenty years old.N.I.

In any proceedings, whether civil or criminal, there shall, in the case of a document proved, or purporting, to be not less than twenty years old, be made any presumption which immediately before the commencement of this Act would have been made in the case of a document of like character proved, or purporting, to be not less than thirty years old.

5Rules of court as to proof by affidavit.N.I.

(1)Rules of court [F2 and county court rules] may provide for orders being made at any stage of any civil proceedings directing that specific facts may be proved at the trial by affidavit with or without the attendance of the deponent for cross-examination, notwithstanding that a party desires the attendance of the deponent for cross-examination and that he can be produced for that purpose.

Subs.(2) rep. by 1959 c.25 (NI)


(1)In this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them, that is to say:—

Definitions rep. by 1997 NI 21

“Proceedings” includes arbitrations and references;

Definition rep. by 1978 c.23

Definition rep. by 1997 NI 21

Subs.(2) rep. by 1954 c.33 (NI)


Nothing in this Act shall—

(a)prejudice the admissibility of any evidence which would, apart from the provisions of this Act, be admissible;F3...

Para. (b) rep. by 1997 NI 21

F31997 NI 21

8Short title.N.I.

(1)This Act may be cited as the Evidence Act (Northern Ireland), 1939.

Subs.(2) rep. by SLR (NI) 1952

Back to top


Print Options


Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.


See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.


Opening Options

Different options to open legislation in order to view more content on screen at once


More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.