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- Evidence Act
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Current to 13 December 2023
Evidence Act
1
Definitions
 WITNESSES
2
No incompetency by reason of interest or crime
3
Competency and compellability of parties and spouses
3.1
Evidence of spouse re sexual intercourse
4
Evidence for or against spouse
5
Non-compellability of person charged or spouse of person charged
6
Compellability of witness respecting disclosure of indebtedness
7
Compellability of witness respecting disclosure of criminal act
8
Repealed
9
Non-compellability of accused or spouse of accused
10
Compellability of spouses
11
Application of Act
11.1
Repealed
 OATHS
12
Power of court to administer oath
13
Manner of taking oath
14
Solemn affirmation or declaration
15
Disbelief in oath
16
Solemn declaration respecting written document
 EXAMINATION OF WITNESSES
17
Proof of adversity of witness
18
Contradiction of witness on cross-examination
19
Examination of witness respecting previous statements in writing
20
Examination of witness respecting prior conviction, certificate of conviction
21
Necessity of proof of instrument by attesting witness
22
Resolution of dispute respecting genuineness of handwriting
23
Expert opinion witnesses
23.1
Repealed
23.2
Repealed
23.3
Repealed
24
Child of tender years
25
Recording of evidence and proceedings, admissibility
26
Destruction and preservation of records
27
Repealed
 DISOBEDIENCE TOSUMMONS TO WITNESS
28
Civil liability of witness respecting disobedience of summons to witness
29
Bringing up prisoner as witness
 POWERS OF CERTAIN COMMISSIONERS
30
Order of commissioner respecting witness
31
Order of commissioner respecting attachment of witness
32
Order of judge respecting attachment of witness
 TESTIMONY ON FORMER TRIAL
33
Admissibility of evidence given at former trial
34
Notice respecting production of judge’s notes
35
Admissibility of evidence given at prior proceedings
 PUBLIC RECORDS
36
Admissibility of copy of public record
37
Admissibility of copy of parts of public record
38
Effect of omissions from copy of public record
39
Annexation of certified plan to public record
40
Certificate of Minister of Natural Resources and Energy Development
41
Proof of copies of letters patent and grants issued under the Nova Scotia Grants Act
42
Costs respecting making of copies of public records
43
Admissibility of public records
 PRIVILEGE
43.1
Investigative report
43.2
Solicitor and client communication
43.3
Hospital committee
 TELEGRAMS
44
Telegraph message or despatch
45
Secondary evidence, prima facie evidence, agreed upon meaning
 BANKERS’ BOOKS
46
Book or record in bank
 MICROFILMS
47
Microfilms
 ELECTRONICALLY STOREDDOCUMENTS
47.1
Document copied and stored electronically
47.2
Document created in electronic form and stored electronically
 BOOKS OF ACCOUNT OF PERSONDECEASED
48
Entries in books of accounts
49
Record or entry of act, condition or event
50
Written report or finding of facts of expert
 REGISTER OF OR DECLARATIONRESPECTING SHIPS
51
Register of or declaration respecting ships
 PROOF OF BIRTHS,DEATHS AND MARRIAGES
52
Proof of births, deaths and marriages
 FOREIGN LETTERS PATENT ORCERTIFICATE OF INCORPORATION
53
Copies of foreign letters patent or certificate of incorporation
54
Prima facie evidence of incorporation
55
Obtaining incorporation in place where document issued
56
Interpretation of sections 53, 54 and 55
 CONTRACT BYFOREIGN CORPORATION
57
Contract by foreign corporation
 BANKRUPTCY PROCEEDINGSIN ENGLAND
58
Bankruptcy proceedings in England
59
The London Gazette, as evidence of
 INSTRUMENTS REGISTERED INSCOTLAND
60
Instruments registered in Scotland
 QUEBEC NOTARIAL DOCUMENTS
61
Quebec notarial documents
 STATUTES AND PUBLIC DOCUMENTS
62
Statutes and public documents
 PROCLAMATIONS, ORDERS,REGULATIONS AND APPOINTMENTSBY A PROVINCIAL GOVERNMENT
63
Proclamations, orders, regulations and appointments by a provincial government
 PROCLAMATION BY THE GOVERNMENT OFCANADA
64
Prima facie evidence
65
Handwriting or official position, forma
66
Interpretation of sections 63, 64, and 65
 OFFICIAL NOTICES IN THECANADA GAZETTE, OR ROYAL GAZETTE
67
Official notices in the Canada Gazette, or Royal Gazette
 DOCUMENTS IN POSSESSION OFOFFICERS OF EXECUTIVE COUNCIL
68
Documents in possession of officers of Executive Council
 CANADIAN OR PROVINCIALGOVERNMENT ACCOUNT BOOKS
69
Canadian or provincial government account books
 JUDICIAL NOTICE
70
Judicial notice
 STATE DOCUMENTS
71
Definitions
72
Imperial state document
73
Federal or provincial state document
74
State document of British possession or foreign state
75
Proof of signature, position or seal
 CONSTRUCTION BY JUDGE OF BRITISH,COLONIAL OR FOREIGN STATUTES
76
Construction by judge of British, Colonial or foreign statutes
 JUDICIAL DOCUMENTS
77
Judicial documents
 OATHS, AFFIDAVITS, AFFIRMATIONS ANDSTATUTORY DECLARATIONS
78
Oaths, affidavits, affirmations and statutory declarations
 REGISTERED DECREES OF BRITISH,CANADIAN AND NEW BRUNSWICK COURTS OFRECORD
79
Registered decrees of British, Canadian and New Brunswick Courts of Record
 REGISTERED INSTRUMENTOTHER THAN WILL
80
Copy of instrument as evidence
81
Party out of the Province
 REGISTERED WILL
82
Registered will or copy as evidence, costs
83
Application of sections 80, 81 and 82 to the Crown
 REGISTERED INSTRUMENTS - FURTHERPROVISIONS RESPECTING
84
Certified copies
85
Notices of sale
 PRE-PERSONAL PROPERTYSECURITY ACTCHATTEL SECURITY DOCUMENTS
86
Pre-Personal Property Security Act chattel security documents
 DOCUMENTS FILED INREGISTRY OFFICE
87
Documents filed in Registry Office
 BY-LAWS OF LOCAL GOVERNMENTS
88
Copy of by-law, rule or regulation
89
Copy of record book
90
Proof of appointment of parish or county officer
 SEAL OF MAYOR
91
Seal of Mayor
0
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