(1) In this section, “request” means a request given by a party to some other party to do one or more of the following—
(a) to produce to the first-mentioned party or to permit that party, adequately and in an appropriate manner, to examine, test or copy the whole or a part of a specified document or thing;
(b) to call as a witness a specified person believed to be concerned in the production or maintenance of a specified document or thing or a specified person in whose possession a document or thing is believed to be or to have been at any time;
(c) in relation to a document, to permit the first-mentioned party, adequately and in an appropriate manner, to examine and test the document and the way in which it was produced and has been kept;
(d) in relation to evidence of a previous representation, to call as a witness the person who made the previous representation;
(e) in relation to evidence that a person has been convicted of an offence, being evidence to which section 79(2) applies, to call as a witness a person who gave evidence in the proceeding in which the person was so convicted.
(2) Where, for the purpose of determining a question that relates to—
(a) a previous representation;
(b) evidence of a conviction of a person for an offence; or
(c) the authenticity, identity or admissibility of a document or thing,
a party has given a reasonable request to some other party and that other party has, without reasonable cause, failed or refused to comply with the request, the court may make one or more of the orders mentioned in subsection (3) or may refuse to admit the evidence in relation to which the request was made.
(3) The orders referred to in subsection (2) are—
(a) an order directing the other party to comply with the request;
(b) an order that the other party produce a specified document or thing, or call as a witness a specified person, as mentioned in subsection (1);
(c) such order with respect to adjournments or costs as is just;
(4) Where the party who has failed to comply with a request proves that the document or thing to be produced or the person to be called is unavailable, it is reasonable cause to fail to comply with the request.
(5) In relation to the exercise of a power under subsection (2), the court shall take into account, inter alia, the following matters—
(a) the importance in the proceedings of the evidence in relation to which the request was made;
(b) whether there is a genuine dispute in relation to the matter to which the evidence relates;
(c) whether there is reasonable doubt as to the authenticity or accuracy of the evidence or of the document the contents of which are sought to be proved;
(d) whether there is a reasonable doubt as to the authenticity of the document or thing that is sought to be tendered;
(e) in the case of a request in relation to evidence of a previous representation, whether there is a reasonable doubt as to the accuracy of the representation or of the information on which it was based;
(f) in the case of a request as mentioned in subsection (1)(e), whether some other person is available to give evidence about the conviction or the facts that were in issue in the proceedings in which the conviction was obtained;
(g) whether compliance with the request would involve undue expense or delay or would not be reasonably practicable; and
(h) the nature of the proceedings.