Relevancy of signed summons statements: admissible when declarant is unavailable or court admits in interest of justice. A signed statement made on appearance in response to a summons under section 70 is relevant in prosecution when the declarant is dead, cannot be found, incapable of giving evidence, kept out of the way by an adverse party, or when obtaining the person's presence would cause unreasonable delay or expense; it may also be admitted when the declarant is examined and the court, considering the circumstances, deems admission to be in the interest of justice.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Relevancy of signed summons statements: admissible when declarant is unavailable or court admits in interest of justice.
A signed statement made on appearance in response to a summons under section 70 is relevant in prosecution when the declarant is dead, cannot be found, incapable of giving evidence, kept out of the way by an adverse party, or when obtaining the person's presence would cause unreasonable delay or expense; it may also be admitted when the declarant is examined and the court, considering the circumstances, deems admission to be in the interest of justice.
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