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EVIDENCE REGULATIONS 2009 (SR NO 162 OF 2009) - REG 7

The tendency rule and the coincidence rule—form of notices

r. 7

    (1)     For the purposes of section 99 of the Act, a notice given under section 97(1)(a) of the Act (relating to the tendency rule) must state—

        (a)     the substance of the evidence that the notifying party intends to adduce, and

        (b)     if that evidence consists of, or includes, evidence of the conduct of a person, particulars of—

              (i)     the date, time and place at and the circumstances in which the conduct occurred; and

              (ii)     the name of each person who saw, heard or otherwise perceived the conduct; and

              (iii)     in a civil proceeding, the address of each person named under subparagraph (ii), so far as they are known to the notifying party.

    (2)     For the purposes of section 99 of the Act, a notice given under section 98(1)(a) (relating to the coincidence rule) must state—

        (a)     the substance of the evidence of the occurrence of two or more events that the party giving the notice intends to adduce; and

        (b)     particulars of—

              (i)     the date, time and place at and the circumstances in which each of those events occurred; and

              (ii)     the name of each person who saw, heard or otherwise perceived each of those events; and

              (iii)     in a civil proceeding, the address of each person named under subparagraph (ii), so far as they are known to the notifying party.



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