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Calling of Witnesses whose Evidence is not Contained in Summary or Abstract of Evidence

Defence (Procedure) Rules, r. 42 · Revised Edition 2020

If the prosecutor intends to adduce evidence which is not contained in any summary of abstract of evidence given to the accused, notice of such intention together with the particulars of the evidence shall, when practicable, be given to the accused a reasonable time before the evidence is adduced. If such evidence is adduced without such notice or particulars having been given, the court may, if the accused so desires, either adjourn after receiving the evidence or allow any cross- examination arising out of that evidence to be postponed, and the court shall inform the accused of his right to apply for such an adjournment or postponement.
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