Evidence Act
CAYMAN ISLANDSEVIDENCE ACT(2021 Revision)Supplement No. 2 with Legislation Gazette No. 9 on 29th day of January, 2021.
PUBLISHING DETAILSLaw 13 of 1978 consolidated with Laws 15 of 1984, 34 of 1985, 20 of 2001, 30 of 2001, 2of 2004, 21 of 2005, 5 of 2006, 43 of 2010, 31 of 2017, 30 of 2018, 35 of 2020, 37 of 2020,56 of 2020 and as amended by the Cayman Islands Constitution (Amendment) Order 2020(UKSI 2020 No. 1283).Revised under the authority of the Law Revision Act (2020 Revision).Originally enacted —Law 13 of 1978-15th June, 1978Law 15 of 1984-17th August, 1984Law 34 of 1985-19th December, 1985Law 20 of 2001-26th July, 2001Law 30 of 2001-28th September, 2001Law 2 of 2004-15th March, 2004Law 21 of 2005-14th October, 2005Law 5 of 2006-23rd March, 2006Law 43 of 2010-9th December, 2010Law 31 of 2017-27th March, 2017Law 30 of 2018-16th November, 2018Law 35 of 2020-4th September, 2020Law 37 of 2020-4th September, 2020Law 56 of 2020-7th December, 2020.Originally made —U.K. Order 2020-11th November, 2020.Consolidated and revised this 31st December, 2020.Note (not forming part of this Act): This revision replaces the 2019 Revision whichshould now be discarded.Page 2Revised as at 31st December, 2020c
Evidence Act (2021 Revision)Arrangement of SectionsCAYMAN ISLANDSEVIDENCE ACT(2021 Revision)Arrangement of SectionsSectionPagePART I - Introductory1.2.Short title . 7Definitions . 7PART II - Procedure in r to administer oath . 8Impeaching credit of a witness . 8Questions as to whether a witness has been convicted of an offence allowable . 9Proof of instrument in writing . 9Mode of proof of entries in banker’s books. 9Court may order inspection of banker’s books . 10Comparison of handwriting . 10Official or public documents, etc. 10Private laws and minutes of the Cayman Islands Parliament . 10Acts of state, etc. . 11Registers of ships . 11Judicial notice to be taken of signatures of certain judges . 12Certificate of conviction or acquittal . 12Examined copies of contents of books of a public nature . 12Government Notices . 12Revised as at 31st December, 2020Page 3
Arrangement of SectionsEvidence Act (2021 Revision)PART III - Criminal 37.38.39.40.41.Accused persons, etc., as competent witnesses . 13Competence and compellability of accused’s spouse or civil partner . 14Advance notice of expert evidence . 14Exception to provision of advance notice. 15Failure to comply with section 20 . 16“Judges’ Rules” to have effect pro tem . 16Where accused persons give evidence . 16Notice of alibi defence . 16Right of reply . 17Proof of criminal intent . 18Admissibility of certain records in criminal cases . 18Computers . 19Provisions supplementary to section 29 . 20Proof of previous conviction by fingerprints . 20Evidence of finger prints . 21Proof in criminal proceedings by written statement . 22Use of documents to refresh memory . 24Inconsistent statements . 24Other previous statements of witness . 25Additional requirement for admissibility of multiple hearsay statements . 26Documents produced as exhibits . 26Credibility . 26Stopping the case where the evidence is unconvincing . 27Court’s general discretion to exclude evidence . 28Proof by formal admission . 28Conviction as evidence of commission of offence . 29Provisions supplementary to section 35 . 29Evidence through television links . 30Evidence through television links by accused . 31Video recordings of testimony from child witnesses . 31Discretion of court to disallow evidence in criminal proceedings . 33Abrogation of corroboration rules . 33PART IIIA - Special Measures Directions in Cases ofVulnerable and Intimidated 1K.Witnesses eligible for assistance on grounds of age or incapacity . 33Witnesses eligible for assistance on grounds of fear or distress about testifying . 34Special measures available to eligible witnesses . 35Special measures direction relating to eligible witness . 36Further provisions about directions: general . 37Special provisions relating to child witness . 38Extension of provision of section 41F to certain witnesses over seventeen . 40Screening witness from accused . 41Evidence by live link . 41Video recorded evidence in chief . 42Video recorded cross-examination or re-examination . 43Page 4Revised as at 31st December, 2020c
Evidence Act (2021 Revision)Arrangement of Sections41L. Warning to jury . 4441M. Interpretation . 45PART IV - Civil 55.56.Parties as witnesses in civil cases. 45Evidence in cases arising from breach of promise of marriage . 45Admissibility of hearsay evidence in civil cases . 45Admissibility of out of court statements . 45When witness’s previous statement may be evidence . 46Admissibility of certain records . 47Computers . 47Provisions supplementary to section 45, 47 or 48 . 48Admissibility of evidence as to credibility of maker, etc., of certain statements . 50Admissibility of certain hearsay evidence formerly admissible at common law . 50Conviction as evidence in civil proceedings . 52Findings of adultery and paternity as evidence in civil proceedings . 52Conclusiveness of evidence for purposes of defamation actions . 53Privilege against incrimination of self or spouse or civil partner, etc. . 54Rules . 55PART V - Miscellaneous57.58.59.60.61.62.63.64.65.Proof of service of summons . 56Form of affidavit . 57Original summons to be marked for identification . 57Affidavit shall be received in evidence. 57Proof of service of process . 57Power of court to impound documents . 57False certificates. 57Witness about to leave the Islands . 58Transitional provisions . 58SCHEDULE59Form of Service of Affidavit of Summons59ENDNOTES61Table of Legislation History: . 61cRevised as at 31st December, 2020Page 5
Evidence Act (2021 Revision)SCHEDULECAYMAN ISLANDSEVIDENCE ACT(2021 Revision)PART I - Introductory1.Short title1.2.This Act may be cited as the Evidence Act (2021 Revision).Definitions2.In this Act —“account book” includes every book, card or device used for the recording orstoring of business records and transactions, whether or not encoded;“bank” has the meaning ascribed to it in the Banks and Trust Companies Act(2021 Revision) and in any law replacing the same;“banker’s book” means a banker’s account book;“civil partner” has the meaning assigned by the Civil Partnership Act, 2020;“civil partnership” has the meaning assigned by the Civil Partnership Act,2020;“civil proceedings” includes, in addition to civil proceedings in any of theordinary courts of law, civil proceedings before any other tribunal and anarbitration or reference, whether under enactment or not, but does not includecivil proceedings in relation to which the strict rules of evidence do not apply;“computer” means any device or combination of devices used together or insuccession for the purpose of storing and processing information;cRevised as at 31st December, 2020Page 7
Section 3Evidence Act (2021 Revision)“copy”, in relation to a document, means any transcript or reproduction thereofin whatever form;“court” includes, in addition to the ordinary courts and juries of civil andcriminal jurisdiction, every tribunal where civil proceedings are conducted andincludes the judge or person presiding over or constituting such tribunal andincludes also an arbitrator and an umpire;“document” includes any device by means of which information is recorded orstored;“production” and its cognates includes the decoding of any encoded matter andthe translation into the English language of any matter recorded in any languageother than English; and“statement” includes any representation of fact, whether made in words orotherwise.PART II - Procedure in general3.Power to administer oath3.4.Every court is hereby empowered to administer an oath or affirmation to all suchwitnesses as are lawfully called before it.Impeaching credit of a witness4.(1) A party producing a witness shall not be allowed to impeach the witness’s creditby general evidence of bad character, but the party may, in case the witness, inthe opinion of the court, proves adverse, contradict the witness by otherevidence, or by leave of the court, prove that the witness has made at other timesa statement inconsistent with such witness’s present testimony; but before suchlast-mentioned proof can be given, the circumstances of the supposed statement,sufficient to designate the particular occasion, must be mentioned to the witness,and the witness must be asked whether or not the witness made such statement.(2) If a witness, upon cross-examination as to a former statement made by thewitness relative to the subject matter of the case, and inconsistent with thewitness’s present testimony, does not distinctly admit that the witness has madesuch a statement, proof may be given that the witness did make it; but beforesuch proof can be given, the circumstances of the supposed statement sufficientto designate the particular occasion, must be mentioned to the witness, and thewitness must be asked whether or not the witness made such a statement.(3) A witness may be cross-examined as to recorded statements previously madeby the witness relative to the subject matter of the cause, without such statementor a copy thereof being produced to the witness; but if it is intended to contradictsuch witness by such statement or a copy thereof, the witness’s attention must,Page 8Revised as at 31st December, 2020c
Evidence Act (2021 Revision)SCHEDULEbefore such contradictory proof can be given, be called to those parts of thestatement or copy thereof which are to be used for the purpose of socontradicting the witness but the court, at any time during the trial, may requirethe production of the statement or copy thereof for its inspection and it maythereupon make such use of it for the purpose of the trial as it shall think fit.5.Questions as to whether a witness has been convicted of an offenceallowable5.6.Proof of instrument in writing6.7.A witness in any cause may be questioned as to whether the witness has beenconvicted of any offence and, upon being so questioned, if the witness either deniesthe fact, or refuses to answer, the opposite party may prove such conviction; and acertificate containing the substance and effect only (omitting the formal part) of theindictment or charge and conviction for such offence, purporting to be signed by theClerk of the Court, or other officer having custody of the records of the Court wherethe offender was convicted is, upon proof of the identity of the person, sufficientevidence of the said conviction.It shall not be necessary to prove by the attesting witness any instrument to thevalidity of which attestation is not requisite; and such instrument may be proved byadmission or otherwise, as if there had been no attesting witness thereof.Mode of proof of entries in banker’s books7.(1) Subject to the Banks and Trust Companies Act (2021 Revision), the ConfidentialInformation Disclosure Act, 2016 [Law 23 of 2016] and to subsection (2), a copyof an entry in a banker’s book certified by an officer of such bank in an affidavitmade before a Justice of the Peace or by oral testimony to be a true copy isreceivable in every court as prima facie evidence of such entry and of thematters, transactions and accounts therein recorded.(2) A copy of an entry in a banker’s book shall not be received in evidence underthis Act unless it be first proved that the book was, at the time of the making ofthe entry, one of the ordinary books of the bank, and that the entry was made inthe usual and ordinary course of business, and that the book is in the custody orcontrol of the bank. Such proof may be given by a partner or officer of the bank,and may be given orally or by an affidavit sworn before any commissioner orperson authorised to take affidavits.(3) No bank or officer of such bank shall, in any proceedings before any court inwhich the bank is not a party, be compellable to produce any banker’s book thecontents of which can be proved under subsection (1), or appear as a witness toprove the matters, transactions and accounts therein recorded, unless by orderof a court made for special cause, and any such order shall be without prejudiceto, and compliance therewith shall be subject to the Confidential InformationDisclosure Act, 2016 [Law 23 of 2016].cRevised as at 31st December, 2020Page 9
Section 88.Evidence Act (2021 Revision)Court may order inspection of banker’s books8.(1) On the appl
Evidence Act (2021 Revision) SCHEDULE c Revised as at 31st December, 2020 Page 7 CAYMAN ISLANDS EVIDENCE ACT (2021 Revision) PART I - Introductory 1. Short title 1. This Act may be cited as the Evidence Act (2021 Revision). 2. Definitions 2. In this Act — “account book” includes every book, card or device used for the recording or
EVIDENCE ACT [Date of assent: 9th December, 1963.] [Date of commencement: 10th December, 1963.] An Act of Parliament to declare the law of evidence [Act No. 46 of 1963, L.N. 22/1965, Act No. 17 of 1967, Act No. 8 of 1968, Act No. 10 of 1969, Act No. 13 of 1972, Act No. 14 of 1972, Act No. 19 of 1985, Act
6 of 2001, Act No. 7 of 2002, Act No. 15 of 2003, Act No. 4 of 2004, Act No. 6 of 2005, Act No. 10 of 2006, Act No. 9 of 2007, Act No. 8 of 2008, Act No. 8 of 2009, Act No. 10 of 2010, Act No. 4 of 2012.] PART I - PRELIMINARY 1. Short title and commencement This Act may be cited as the Income Tax Act, 1973 and shall, subject to the
Act I, Scene 1 Act I, Scene 2 Act I, Scene 3 Act II, Scene 1 Act II, Scene 2 Act II, Scene 3 Act III, Scene 1 20. Act I, Scene 1–Act III, Scene 1: Summary . Directions: Summarize what you what you have read so far in Divided Loyalties (Act I-Act III, Scene1). 21. Act III, Scenes 2 and 3:
LAW BOOK Act 358 of 1955 As Amended By Act 490 of 1961 Act 403 of 1965 Act 400 of 1969 Act 566 of 1973 Acts 532 & 644 of 1975 Act 465 of 1987 Act 1228 of 1991 Act 1056 of 1993 Act 771 of 1995 Act 512 of 1997 Acts 595,596 & 680 of 2003 Act 207 of 2005 Act 223 of 2007 Issued by ARKANSAS STAT
Act No. 5 of 2003, Act No. 3 of 2006, Act No. 7 of 2007, Act No. 1 of 2009, Act No. 12 of 2012.] CHAPTER I – PRELIMINARY 1. Short title This Act may be cited as the Evidence Act. 2. Application (1) This Act shall apply to all judicial proceedings in or before any court other than a Khadi’s court, but not to proceedings before an arbitrator.
Types of Evidence 3 Classification of Evidence *Evidence is something that tends to establish or disprove a fact* Two types: Testimonial evidence is a statement made under oath; also known as direct evidence or prima facie evidence. Physical evidence is any object or material that is relevant in a crime; also known as indirect evidence.
EVIDENCE An Act to consolidate with amendments certain written laws relating to the law of evidence and for connected purposes. [Assent 4th March, 1996] [Commencement 1st June, 1996] PART I PRELIMINARY 1. This Act may be cited as the Evidence Act. 2. In this Act — “admission” means any statement relative to any fact
Abrasive Water Jet Processes . Water Jet Machining (invented 1970) A waterjet consists of a pressurized jet of water exiting a small orifice at extreme velocity. Used to cut soft materials such as foam, rubber, cloth, paper, food products, etc . Typically, the inlet water is supplied at ultra-high pressure -- between 20,000 psi and 60,000 psi. The jewel is the orifice in which .
