Section 181E: Admissibility of statements produced by computers in civil proceedings

181E. Admissibility of statements produced by computers in civil proceedings (1) In this section, “computer” means any device for storing and processing information, whether or not the information is derived from other information by calculation, comparison or otherwise. (2) Where, over a period, the function of storing or processing information for the purpose of carrying an activity was regularly performed by— (a) a combination of computers; (b) different computers operating in succession; (c) different combinations of computers operating in succession; (d) the successive operation of one or more computers and one or more combinations of computers, all the computers shall, for the purposes of this section, be treated as constituting a single computer. (3) A statement contained in a document produced by a computer shall, subject to Rules of Court, be admissible in any civil proceedings as evidence of any fact stated therein of which direct oral evidence would be admissible where— (a) the document was produced during a period over which the computer was regularly used to store or process information for the purpose of any activity regularly carried on by a person over this period; [Issue 4] C54 – 46 Revised Laws of Mauritius (b) information of the kind contained in the statement, or of the kind from which the information is derived, was regularly supplied to the computer over that period in the ordinary course of that activity; (c) the computer was operating properly during the material part of that period; and (d) the information contained in the statement reproduces or is derived from information supplied to the computer in the ordinary course of that activity. (4) Where a party wishes to give in evidence a statement under subsection (3), a certificate which— (a) identifies the document containing the statement and describes the manner in which it was produced; (b) gives particulars of any device involved in the production of the document to show that it was produced by a computer; (c) deals with any matter referred to in paragraph (a), (b), (c) or (d) of subsection (3); and (d) purports to be signed by a person occupying a responsible position in relation to the operation of the relevant device or to the management of the relevant activity, shall be evidence of any matter stated in the certificate. (5) For the purposes of subsection (4), it shall be sufficient for a matter to be stated to the best of the knowledge and belief of the person stating it.