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CIVIL EVIDENCE ACT (NORTHERN IRELAND) 1971

CIVIL EVIDENCE ACT (NORTHERN IRELAND) 1971 - LONG TITLE

An Act to amend the law of evidence in relation to civil
proceedings, and in respect of the privilege against
self-incrimination to make corresponding amendments in relation to
statutory powers of inspection or investigation.
[16th December 1971]
PART I

CIVIL EVIDENCE ACT (NORTHERN IRELAND) 1971 - SECT 1

1.(1) Without prejudice to section 2, in any civil proceedings a
statement contained in a document shall, subject to this section and
to rules of court, be admissible as evidence of any fact stated
therein of which direct oral evidence would be admissible, if the
document is, or forms part of, a record compiled by a person
acting under a duty from information which was supplied by a person
(whether acting under a duty or not) who had, or may reasonably be
supposed to have had, personal knowledge of the matters dealt with
in that information and which, if not supplied by that person to
the compiler of the record directly, was supplied by him to the
compiler of the record indirectly through one or more intermediaries
each acting under a duty.

(2) Where in any civil proceedings a party desiring to give a
statement in evidence by virtue of this section has called or
intends to call as a witness in the proceedings the person who
originally supplied the information from which the record containing
the statement was compiled, the statement

(a)shall not be given in evidence by virtue of this section on
behalf of that party without the leave of the court; and

(b)without prejudice to paragraph (a) above, shall not without the
leave of the court be given in evidence by virtue of this section
on behalf of that party before the conclusion of the
examination-in-chief of the person who originally supplied the said
information.

(3) Any reference in this section to a person acting under a duty
includes a reference to a person acting in the course of any
trade, business, profession or other occupation in which he is
engaged or employed or for the purposes of any paid or unpaid
office held by him.

CIVIL EVIDENCE ACT (NORTHERN IRELAND) 1971 - SECT 2
Admissibility of statements produced by computers.

2.(1) In any civil proceedings a statement contained in a document
produced by a computer shall, subject to rules of court, be
admissible as evidence of any fact stated therein of which direct
oral evidence would be admissible, if it is shown that the
conditions mentioned in subsection (2) are satisfied in relation to
the statement and computer in question.

(2) The said conditions are

(a)that the document containing the statement was produced by the
computer during a period over which the computer was used regularly
to store or process information for the purposes of any activities
regularly carried on over that period, whether for profit or not,
by any body, whether corporate or not, or by any individual;

(b)that over that period there was regularly supplied to the
computer in the ordinary course of those activities information of
the kind contained in the statement or of the kind from which the
information so contained is derived;

(c)that throughout the material part of that period the computer was
operating properly or, if not, that any respect in which it was
not operating properly or was out of operation during that part of
that period was not such as to affect the production of the
document or the accuracy of its contents; and

(d)that the information contained in the statement reproduces or is
derived from information supplied to the computer in the ordinary
course of those activities.

(3) Where over a period the function of storing or processing
information for the purposes of any activities regularly carried on
over that period as mentioned in subsection (2)(a) was regularly
performed by computers, whether

(a)by a combination of computers operating over that period; or

(b)by different computers operating in succession over that period;
or

(c)by different combinations of computers operating in succession over
that period; or

(d)in any other manner involving the successive operation over that
period, in whatever order, of one or more computers and one or
more combinations of computers,

(4) In any civil proceedings where it is desired to give a
statement in evidence by virtue of this section, a certificate doing
any of the following things, that is to say

(a)identifying the document containing the statement and describing
the manner in which it was produced;

(b)giving such particulars of any device involved in the production
of that document as may be appropriate for the purpose of showing
that the document was produced by a computer;

(c)dealing with any of the matters to which the conditions mentioned
in subsection (2) relate,

(5) Notwithstanding subsection (4), in any civil proceedings the
court may for special cause require oral evidence to be given of
any matter of which evidence could ordinarily be given by means of
a certificate under that subsection.

(6) For the purposes of this Part

(a)information shall be taken to be supplied to a computer if it
is supplied thereto in any appropriate form and whether it is so
supplied directly or (with or without human intervention) by means
of any appropriate equipment;

(b)where, in the course of activities carried on by any individual
or body, information is supplied with a view to its being stored
or processed for the purposes of those activities by a computer
operated otherwise than in the course of those activities, that
information, if duly supplied to that computer, shall be taken to
be supplied to it in the course of those activities;

(c)a document shall be taken to have been produced by a computer
whether it was produced by it directly or (with or without human
intervention) by means of any appropriate equipment.

(7) Subject to subsection (3), in this Part "computer" means any
device for storing and processing information, and any reference to
information being derived from other information is a reference to
its being derived therefrom by calculation, comparison or any other
process.

CIVIL EVIDENCE ACT (NORTHERN IRELAND) 1971 - SECT 3
Provisions supplementary to ss.1 and 2.

3.(1) Where in any civil proceedings a statement contained in a
document is proposed to be given in evidence by virtue of section
1 or 2 it may, subject to any rules of court, be proved by the
production of that document or (whether or not that document is
still in existence) by the production of a copy of that document,
or of the material part thereof, authenticated in such manner as
the court may approve.

(2) For the purpose of deciding whether or not a statement is
admissible in evidence by virtue of section 1 or 2, the court may
draw any reasonable inference from the circumstances in which the
statement was made or otherwise came into being or from any other
circumstances, including the form and contents of that document in
which the statement is contained.

(3) In estimating the weight, if any, to be attached to a
statement admissible in evidence by virtue of section 1 or 2 regard
shall be had to all the circumstances from which any inference can
reasonably be drawn as to the accuracy or otherwise of the
statement and, in particular

(a)in the case of a statement falling within section 1(1), to the
question whether or not the person who originally supplied the
information from which the record containing the statement was
compiled did so contemporaneously with the occurrence or existence of
the facts dealt with in that information, and to the question
whether or not that person, or any person concerned with compiling
or keeping the record containing the statement, had any incentive to
conceal or misrepresent the facts; and

(b)in the case of a statement falling within section 2(1), to the
question whether or not the information which the information
contained in the statement reproduces or is derived from was
supplied to the relevant computer, or recorded for the purpose of
being supplied thereto, contemporaneously with the occurrence or
existence of the facts dealt with in that information, and to the
question whether or not any person concerned with the supply of
information to that computer, or with the operation of that computer
or any equipment by means of which the document containing the
statement was produced by it, had any incentive to conceal or
misrepresent the facts.

(4) For the purpose of any transferred provision or rule of law or
practice requiring evidence to be corroborated or regulating the
manner in which uncorroborated evidence is to be treated, a
statement which is admissible in evidence by virtue of section 1
shall not be capable of corroborating evidence given by the person
who originally supplied the information from which the record
containing the statement was compiled.

(5) If any person in a certificate tendered in evidence in civil
proceedings by virtue of section 2(4) wilfully makes a statement
material in those proceedings which he knows to be false or does
not believe to be true, he shall be liable on conviction on
indictment to imprisonment for a term not exceeding two years or a
fine or both.

CIVIL EVIDENCE ACT (NORTHERN IRELAND) 1971 - SECT 4
Admissibility of evidence as to credibility of person supplying
information from which statement admitted under s.1 is compiled

4.(1) Subject to subsection (2) and to rules of court, where in
any civil proceedings a statement contained in a document is given
in evidence by virtue of section 1

(a)any evidence which, if the person who originally supplied the
information from which the record containing the statement was
compiled had been called as a witness in those proceedings, would
be admissible for the purpose of destroying or supporting his
credibility as a witness shall be admissible for that purpose in
those proceedings; and

(b)evidence tending to prove that, whether before or after he
supplied that information, that person made (whether orally or in a
document or otherwise) a statement inconsistent with that information
shall be admissible for the purpose of showing that that person has
contradicted himself.

(2) Nothing in subsection (1) shall enable evidence to be given of
any matter of which, if the person in question had been called as
a witness and had denied that matter in cross-examination, evidence
could not have been adduced by the cross-examining party.

CIVIL EVIDENCE ACT (NORTHERN IRELAND) 1971 - SECT 5
Rules of court.

5.(1) Provision shall be made by rules of court as to the
procedure which, subject to any exceptions provided for in the
rules, must be followed and the other conditions which, subject as
aforesaid, must be fulfilled before a statement can be given in
evidence in civil proceedings by virtue of section 1 or 2.

(2) Rules of court made in pursuance of subsection (1) shall in
particular, subject to such exceptions, if any, as may be provided
for in the rules

(a)require a party to any civil proceedings who desires to give in
evidence any such statement as is mentioned in that subsection to
give to every other party to the proceedings such notice of his
desire to do so and such particulars of or relating to the
statement as may be specified in the rules, including particulars of
such one or more of the persons connected with the making or
recording of the statement or, in the case of a statement falling
within section 2(1), such one or more of the persons concerned as
mentioned in section 3(3)(b) as the rules may in any case require;
and

(b)enable any party who receives such notice as aforesaid by
counter-notice to require any person of whom particulars were given
with the notice to be called as a witness in the proceedings
unless that person is dead, or beyond the seas, or unfit by reason
of his bodily or mental condition to attend as a witness, or
cannot with reasonable diligence be identified or found, or cannot
reasonably be expected (having regard to the time which has elapsed
since he was connected or concerned as aforesaid and to all the
circumstances) to have any recollection of matters relevant to the
accuracy or otherwise of the statement.

(3) Rules of court made in pursuance of subsection (1)

(a)may confer on the court in any civil proceedings a discretion to
allow a statement falling within section 1(1) or 2(1) to be given
in evidence notwithstanding that any requirement of the rules
affecting the admissibility of that statement has not been complied
with, but except in pursuance of paragraph (b) of this subsection
shall not confer on the court a discretion to exclude such a
statement where the requirements of the rules affecting its
admissibility have been complied with;

(b)may confer on the court power, where a party to any civil
proceedings has given notice that he desires to give in evidence a
statement falling within section 1(1) which is contained in a record
of any direct oral evidence given in some other legal proceedings
(whether civil or criminal), to give directions on the application
of any party to the proceedings as to whether, and if so on what
conditions, the party desiring to give the statement in evidence
will be permitted to do so and (where applicable) as to the manner
in which that statement and any other evidence given in those other
proceedings is to be proved; and

(c)may make different provision for different circumstances, and in
particular may make different provision with respect to statements
falling within sections 1(1) and 2(1) respectively;

(4) Rules of court may make provision for preventing a party to
any civil proceedings (subject to any exceptions provided for in the
rules) from adducing in relation to a person who is not called as
a witness in those proceedings any evidence which could otherwise be
adduced by him by virtue of section 4 unless that party has in
pursuance of the rules given in respect of that person such a
counter-notice as is mentioned in subsection (2)(b).

(5) In deciding for the purposes of any rules of court made in
pursuance of this section whether or not a person is fit to attend
as a witness, a court may act on a certificate purporting to be a
certificate of a fully registered medical practitioner.

Subs.(6) rep. by 1978 s.23 s.122(2) sch.7 Pt.II

(7) References in this section to rules of court include

(a)in relation to the county court, references to county court
rules; and

(b)in relation to magistrates' courts, references to magistrates'
courts rules.

CIVIL EVIDENCE ACT (NORTHERN IRELAND) 1971 - SECT 6
Interpretation of Part I, and application to arbitrations, etc.

6.(1) In this Part

"computer" has the meaning assigned by section 2;

"document" includes, in addition to a document in writing

(a)any map, plan, graph or drawing;

(b)any photograph;

(c)any disc, tape, sound track or other device in which sounds or
other data (not being visual images) are embodied so as to be
capable (with or without the aid of some other equipment) of being
reproduced therefrom; and

(d)any film, negative, tape or other device in which one or more
visual images are embodied so as to be capable (as aforesaid) of
being reproduced therefrom;

"film" includes a microfilm;

"statement" includes any representation of fact, whether made in
words or otherwise.

(2) In this Part any reference to a copy of a document includes

(a)in the case of a document falling within paragraph (c) but not
(d) of the definition of "document" in subsection (1), a transcript
of the sounds or other data embodied therein;

(b)in the case of a document falling within paragraph (d) but not
(c) of that definition, a reproduction or still reproduction of the
image or images embodied therein, whether enlarged or not;

(c)in the case of a document falling within both those paragraphs,
such a transcript together with such a still reproduction; and

(d)in the case of a document not falling within the said paragraph
(d) of which a visual image is embodied in a document falling
within that paragraph, a reproduction of that image, whether enlarged
or not,

(3) Subject to subsection (4), for the purposes of the application
of this Part in relation to any such civil proceedings as are
mentioned in section 14(1)(a) and (b), any rules of court made for
the purposes of this Act under section 7 of the Northern Ireland
Act 1962 shall (except in so far as their operation is excluded by
agreement) apply, subject to such modifications as may be
appropriate, in like manner as they apply in relation to civil
proceedings in the High Court.

(4) In the case of a reference under [Article 31 of the County
Courts (Northern Ireland) Order 1980] subsection (3) shall have
effect as if for the references to section 7 of the Northern
Ireland Act 1962 and to civil proceedings in the High Court there
were substituted respectively references to [Article 48 of the County
Courts (Northern Ireland) Order 1980] and to civil proceedings in a
county court.

(5) If any question arises as to what are, for the purposes of
any such civil proceedings as are mentioned in section 14(1)(a) or
(b), the appropriate modifications of any such rule of court as is
mentioned in subsection (3) or (4), that question shall, in default
of agreement, be determined by the tribunal or the arbitrator or
umpire, as the case may be.

Convictions as evidence in civil proceedings.

CIVIL EVIDENCE ACT (NORTHERN IRELAND) 1971 - SECT 7

7.(1) In any civil proceedings the fact that a person has been
convicted of an offence by or before any court in the United
Kingdom or by a court-martial there or elsewhere shall (subject to
subsection (3)) be admissible in evidence for the purpose of
proving, where to do so is relevant to any issue in those
proceedings, that he committed that offence, whether he was so
convicted upon a plea of guilty or otherwise and whether or not he
is a party to the civil proceedings; but no conviction other than
a subsisting one shall be admissible in evidence by virtue of this
section.

(2) In any civil proceedings in which by virtue of this section a
person is proved to have been convicted of an offence by or before
any court in the United Kingdom or by a court-martial there or
elsewhere

(a)he shall be taken to have committed that offence unless the
contrary is proved; and

(b)without prejudice to the reception of any other admissible
evidence for the purpose of identifying the facts on which the
conviction was based, the contents of any document which is
admissible as evidence of the conviction, and the contents of the
information, complaint, indictment or charge-sheet on which the person
in question was convicted, shall be admissible in evidence for that
purpose.

(3) Nothing in this section shall prejudice the operation of section
9 or any other enactment whereby a conviction or a finding of fact
in any criminal proceedings is for the purposes of any other
proceedings made conclusive evidence of any fact.

(4) Where in any civil proceedings the contents of any document are
admissible in evidence by virtue of subsection (2), a copy of that
document, or of the material part thereof, purporting to be
certified or otherwise authenticated by or on behalf of the court
or authority having custody of that document shall be admissible in
evidence and shall be taken to be a true copy of that document or
part unless the contrary is shown.

(5) Nothing in any of the following statutory provisions, that is
to say

(a)section 8 of the Probation Act (Northern Ireland) 1950 (under
which a conviction leading to probation or discharge is to be
disregarded except as therein mentioned);

(b)section 12 of the Criminal Justice Act 1948 (which makes similar
provision in respect of convictions on indictment in England and
Wales); and

(c)section 9 of the Criminal Justice (Scotland) Act 1949 (which
corresponds to the said section 8);

(6) In this section "court-martial" means a court-martial constituted
under the Army Act 1955, the Air Force Act 1955 or the Naval
Disipline Act 1957 or a disciplinary court constituted under section
50 of the said Act of 1957, and in relation to a court-martial
"conviction", as regards a court-martial constituted under either of
the said Acts of 1955, means a finding of guilty which is, or
falls to be treated as, a finding of the court duly confirmed and,
as regards a court-martial or disciplinary court constituted under
the said Act of 1957, means a finding of guilty which is, or
falls to be treated as, the finding of the court, and "convicted"
shall be construed accordingly.

CIVIL EVIDENCE ACT (NORTHERN IRELAND) 1971 - SECT 8
Findings of adultery and paternity as evidence in civil proceedings.

8.(1) In any civil proceedings

(a)the fact that a person has been found guilty of adultery in any
matrimonial proceedings; and

(b)the fact that a person has been adjudged to be the father of a
child in affiliation proceedings before any court in the United
Kingdom,

(2) In any civil proceedings in which by virtue of this section a
person is proved to have been found guilty of adultery as mentioned
in subsection (1)(a) or to have been adjudged to be the father of
a child as mentioned in subsection (1)(b)

(a)he shall be taken to have committed the adultery to which the
finding relates or, as the case may be, to be (or have been) the
father of that child, unless the contrary is proved; and

(b)without prejudice to the reception of any other admissible
evidence for the purpose of identifying the facts on which the
finding or adjudication was based, the contents of any document
which was before the court, or which contains any pronouncement of
the court, in the matrimonial or affiliation proceedings in question
shall be admissible in evidence for that purpose.

(3) Nothing in this section shall prejudice the operation of any
statutory provision whereby a finding of fact in any matrimonial or
affiliation proceedings is for the purposes of any other proceedings
made conclusive evidence of any fact.

(4) Section 7(4) shall apply for the purposes of this section as
if the reference to subsection (2) of that section were a reference
to subsection (2) of this section.

(5) In this section

"matrimonial proceedings" means any matrimonial cause in the High
Court or in the High Court or a county court in England and
Wales, any consistorial action in Scotland, or any appeal arising
out of any such cause or action;

"affiliation proceedings" means, in relation to Scotland, any action
of affiliation and aliment;

Conclusiveness of convictions for purposes of defamation actions.

CIVIL EVIDENCE ACT (NORTHERN IRELAND) 1971 - SECT 9

9.(1) In an action for libel or slander in which the question
whether a person did or did not commit a criminal offence is
relevant to an issue arising in the action, proof that, at the
time when that issue falls to be determined, that person stands
convicted of that offence shall be conclusive evidence that he
committed that offence; and his conviction thereof shall be
admissible in evidence accordingly.

(2) In any such action as aforesaid in which by virtue of this
section a person is proved to have been convicted of an offence,
the contents of any document which is admissible as evidence of the
conviction, and the contents of the information, complaint, indictment
or charge-sheet on which that person was convicted, shall, without
prejudice to the reception of any other admissible evidence for the
purpose of identifying the facts on which the conviction was based,
be admissible in evidence for the purpose of identifying those
facts.

(3) For the purposes of this section a person shall be taken to
stand convicted of an offence if but only if there subsists against
him a conviction of that offence by or before a court in the
United Kingdom or by a court-martial there or elsewhere.

(4) Section 7(4) to (6) shall apply for the purposes of this
section as they apply for the purposes of that section, but as if
in section 7(4) the reference to subsection (2) of section 7 were
a reference to subsection (2) of this section.

(5) The foregoing provisions of this section shall apply for the
purposes of any action begun after the passing of this Act,
whenever the cause of action arose, but shall not apply for the
purposes of any action begun before the passing of this Act or any
appeal or other proceedings arising out of any such action.

Privilege against incrimination of self or spouse.

CIVIL EVIDENCE ACT (NORTHERN IRELAND) 1971 - SECT 10

10.(1) The right of a person in any legal proceedings other than
criminal proceedings to refuse to answer any question or produce any
document or thing if to do so would tend to expose that person to
proceedings for an offence or for the recovery of a penalty

(a)shall apply only as regards criminal offences under the law of
any part of the United Kingdom and penalties provided for by such
law; and

(b)shall include a like right to refuse to answer any question or
produce any document or thing if to do so would tend to expose
the husband or wife of that person to proceedings for any such
criminal offence or for the recovery of any such penalty.

(2) In so far as any existing statutory provision conferring (in
whatever words) powers of inspection or investigation confers on a
person (in whatever words) any right otherwise than in criminal
proceedings to refuse to answer any question or give any evidence
tending to incriminate that person, subsection (1) shall apply to
that right as it applies to the right described in that subsection;
and every such existing statutory provision shall be construed
accordingly.

(3) In so far as any existing statutory provision provides (in
whatever words) that in any proceedings other than criminal
proceedings a person shall not be excused from answering any
question or giving any evidence on the ground that to do so may
incriminate that person, that provision shall be construed as
providing also that in such proceedings a person shall not be
excused from answering any question or giving any evidence on the
ground that to do so may incriminate the husband or wife of that
person.

(4) Where any existing statutory provision (however worded) that

(a)confers powers of inspection or investigation; or

(b)provides as mentioned in subsection (3),

(5) In this section "existing statutory provision" means any
statutory provision passed before this Act; and the references to
giving evidence are references to giving evidence in any manner,
whether by furnishing information, making discovery, producing
documents or otherwise.

S.11 rep. by 1977 c.37 s.132 sch.6

CIVIL EVIDENCE ACT (NORTHERN IRELAND) 1971 - SECT 12
Abolition of certain privileges.

12.(1) The following rules of law are hereby abrogated except in
relation to criminal proceedings, that is to say

(a)the rule whereby, in any legal proceedings, a person cannot be
compelled to answer any question or produce any document or thing
if to do so would tend to expose him to a forfeiture; and

(b)the rule whereby, in any legal proceedings, a person other than
a party to the proceedings cannot be compelled to produce any deed
or other document relating to his title to any land.

(2) The rule of law whereby, in any civil proceedings, a party to
the proceedings cannot be compelled to produce any document or thing
relating solely to his own case and in no way tending to impeach
that case or support the case of any opposing party is hereby
abrogated.

(3) Section 3 of the Evidence (Amendment) Act 1853 (which provides
that a husband or wife shall not be compellable to disclose any
communication made to him or her by his or her spouse during the
marriage) shall cease to have effect except in relation to criminal
proceedings.

(4) Section 7(2) of the Law Reform (Miscellaneous Provisions) Act
(Northern Ireland) 1951 (under which a husband or wife is not
compellable in any proceedings to give evidence to prove that
marital intercourse did or did not take place between them during
any period) shall cease to have effect except in relation to
criminal proceedings.

(5) A witness in any proceedings instituted in consequence of
adultery, whether a party to the proceedings or not, shall not be
excused from answering any question by reason that it tends to show
that he or she has been guilty of adultery; and accordingly ...
residue repeals proviso to s.3 of 1869 c.68; s.25(1)(pt.) of 1939
c.13 (NI)

CIVIL EVIDENCE ACT (NORTHERN IRELAND) 1971 - SECT 13
Consequential amendments relating to privilege.

13.(1) Section 1(3) of the Tribunals of Inquiry (Evidence) Act 1921
(under which a witness before a tribunal to which that Act has
been applied is entitled to the same privileges as if he were a
witness before the High Court) shall have effect as if after the
word "witness", in the second place where it occurs, there were
inserted the words "in civil proceedings"; and any other existing
statutory provision, however framed or worded, which in relation to
any tribunal, investigation or inquiry (however described) confers on
persons required to answer questions or give evidence any privilege
described by reference to the privileges of witnesses in proceedings
before any court shall, unless the contrary intention appears, be
construed as referring to the privileges of witnesses in civil
proceedings before that court.

Subs.(2) rep. by 1975 c.34 s.8(2) sch.2

(3) Without prejudice to the generality of section 10(2) to (4),
the enactments mentioned in the Schedule shall have effect subject
to the amendments provided for by that Schedule (being verbal
amendments to bring those enactments into conformity with the
provisions of that section).

(4) Section 10(5) shall apply for the purposes of this section as
it applies for the purposes of that section.

General interpretation, and savings.

CIVIL EVIDENCE ACT (NORTHERN IRELAND) 1971 - SECT 14

14.(1) In this Act "civil proceedings" includes, in addition to
civil proceedings in any of the ordinary courts of law

(a)civil proceedings before any other tribunal, being proceedings in
relation to which the strict rules of evidence apply; and

(b)an arbitration or reference, whether under statutory provisions or
not,

(2) In this Act

"court" does not include a court-martial, and, in relation to an
arbitration or reference, means the arbitrator or umpire and, in
relation to proceedings before a tribunal (not being one of the
ordinary courts of law), means the tribunal;

"legal proceedings" includes an arbitration or reference, whether
under a statutory provision or not;

(3) In this Act "statutory provision" and "transferred provision"
have the meanings assigned to them by section 1(f) and (g)
respectively of the Interpretation Act (Northern Ireland) 1954.

(4) Without prejudice to section 11 of the Interpretation Act
(Northern Ireland) 1954, any reference in this Act to any other
statutory provision is a reference thereto as applied by or under
any other statutory provision.

(5) Nothing in this Act shall prejudice the operation of any
statutory provision which provides (in whatever words) that any
answer or evidence given by a person in specified circumstances
shall not be admissible in evidence against him or some other
person in any proceedings or class of proceedings (however
described). In this subsection the reference to giving evidence is a
reference to giving evidence in any manner whether by furnishing
information, making discovery, producing documents or otherwise.

(6) Nothing in this Act shall prejudice

(a)any power of a court, in any legal proceedings, to exclude
evidence (whether by preventing questions from being put or
otherwise) at its discretion; or

(b)the operation of any agreement (whenever made) between the parties
to any legal proceedings as to the evidence which is to be
admissible (whether generally or for any particular purpose) in those
proceedings.

(7) It is hereby declared that where, by reason of any defect of
speech or hearing from which he is suffering, a person called as a
witness in any legal proceedings gives his evidence in writing or
by signs, that evidence is to be treated for the purposes of this
Act as being given orally.

CIVIL EVIDENCE ACT (NORTHERN IRELAND) 1971 - SECT 15
Short title, repeals and commencement.

15.(1) This Act may be cited as the Civil Evidence Act (Northern
Ireland) 1971.

Subs.(2) repeals S.1(pt.) of 1939 c.12 (NI)

(3) Commencement

ScheduleAmendments