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Section 171: Custodians of public documents

Courts Act · PART V: EVIDENCE

consolidated text (as at 2011, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

171. Custodians of public documents (1) (a) No person having the official custody of such original documents as are mentioned in section 170 shall be subpoenaed or summoned to produce the documents, nor shall they be admissible in evidence at any trial except upon the order of a Judge. (b) Such order shall only be made where it appears to the Judge that the authenticity of the document itself is in question, or that the proof sought to be given cannot be given by means of a copy or extract, and that the proof of the authenticity or the proof sought to be given is material to the matter at issue, and in every such case the same fee shall, in addition to the allowance to be paid for the attendance of the person so subpoenaed or summoned, be charged for the production of such document as would have been payable for a copy or extract. (2) Notwithstanding subsection (1), any record of any Court shall be admissible in evidence in the Court to which its custody belongs to the same extent and in the same manner as it would have been if this section had not been enacted.

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