Relevancy of statements: summons-response statements may be admissible when the declarant is unavailable or the court permits in the interest of justice. A statement made and signed in response to a summons issued under section 70 is relevant in prosecution under the Act to prove its contents when the declarant is unavailable (dead, not found, incapable, kept away by adverse party, or when attendance would cause unreasonable delay or expense), or when the declarant is examined and the court, considering the circumstances, admits the statement 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 statements: summons-response statements may be admissible when the declarant is unavailable or the court permits in the interest of justice.
A statement made and signed in response to a summons issued under section 70 is relevant in prosecution under the Act to prove its contents when the declarant is unavailable (dead, not found, incapable, kept away by adverse party, or when attendance would cause unreasonable delay or expense), or when the declarant is examined and the court, considering the circumstances, admits the statement in the interest of justice.
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