Refusal to produce a noticed document bars its later evidentiary use without consent or court permission. Refusal to produce a document after receiving notice to produce prevents the refusing party from subsequently relying on that document as evidence. Later ... Summary
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Refusal to produce a noticed document bars its later evidentiary use without consent or court permission.
Refusal to produce a document after receiving notice to produce prevents the refusing party from subsequently relying on that document as evidence. Later evidentiary use is permissible only with the other party's consent or by order of the Court. Where production is refused and secondary evidence is given, the original cannot later be tendered to contradict that evidence or establish that the agreement was unstamped.
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