Previous statements of witnesses

Previous statements of witnesses
7
1
Subject as follows, the provisions of this Order as to hearsay evidence in civil proceedings apply equally (but with any necessary modifications) in relation to a previous statement made by a person called as a witness in the proceedings.
2
A party who has called a person as a witness in civil proceedings may not in those proceedings adduce evidence of a previous statement made by that person, except—
a
with the leave of the court; or
b
for the purpose of rebutting a suggestion that his evidence has been fabricated.
3
Without prejudice to any provision made by rules of court by virtue of Article 4(1), where in the case of civil proceedings section 3,4 or 5 of the Criminal Procedure Act 1865 applies, which make provision as to—
a
how far a witness may be discredited by the party producing him,
b
the proof of contradictory statements made by a witness, and
c
cross-examination as to previous statements in writing,
this Order does not authorise the adducing of evidence of a previous inconsistent or contradictory statement otherwise than in accordance with those sections.
4
Where evidence of a previous statement is adduced as mentioned in paragraph (2) or (3), the statement shall be admissible as evidence of the matters stated.
5
Nothing in this Order affects any of the rules of law as to the circumstances in which, where a person called as a witness in civil proceedings is cross-examined on a document used by him to refresh his memory, that document may be made evidence in the proceedings.
1865 c. 18.