Section 181B: Admissibility of out-of-court statements

181B. Admissibility of out-of-court statements (1) A statement made, whether orally or in a document or otherwise, by a person, whether called as a witness or not, shall, subject to subsection (2) [Issue 1] C54 – 44 Revised Laws of Mauritius and to Rules of Court, be admissible in any civil proceedings as evidence of any fact or opinion stated therein of which direct oral evidence by the witness would be admissible. (2) Where a party wishing to put in a statement under subsection (1) has called, or intends to call, as a witness in the proceedings, the person by whom the statement was made, the statement shall not be given in evidence— (a) without leave of the Court; and (b) before the conclusion of the examination-in-chief of the person by whom it was made except— (i) where the Court allows evidence of the making of the statement to be given on behalf of that party by some other person; or (ii) in so far as the Court allows the person by whom the statement was made to narrate it in the course of his examination-in-chief on the ground that to prevent him from so doing would adversely affect the intelligibility of this evidence. (3) Subject to subsection (4), where a statement made otherwise than in a document is admissible under subsection (1), no evidence other than direct oral evidence by the person who made the statement, or any person who heard or otherwise perceived it being made, shall be admissible for the purpose of proving it. (4) Where a statement is made by a person while giving oral evidence in any other legal proceedings, the statement may be proved in such manner as the Court thinks fit. [S. 181B inserted by Act 18 of 1998; amended by s. 11 (1) (e) of Act 39 of 2011 w.e.f. 1 June 2011.]