Revised Laws of Saint Lucia (2021)

35.   Hostile witnesses

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    (1)   Where a witness gives evidence that is hostile to the party who called the witness, that party may, with the leave of the court, question the witness about that evidence as though the party were cross-examining the witness.

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    (2)   Where, in examination-in-chief, a witness appears to the court not to be making a genuine attempt to give evidence about a matter of which the witness may reasonably be supposed to have knowledge, the party who called the witness may, with the leave of the court, question the witness about that matter as though the party was cross-examining the witness.

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    (3)   A party who is questioning a witness referred to in subsection (1) or (2) may also, with the leave of the court, question the witness about matters relevant only to the credibility of the witness, and such questioning shall be taken to be cross-examination for the purposes of this Act.

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    (4)   Unless the court otherwise directs, questioning as mentioned in this section shall take place before the other parties cross-examine the witness.

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    (5)   The court may direct the order in which the parties may question the witness.

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    (6)   The matters that the court shall take into account in determining whether to give leave, or give a direction under this section, include—

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      (a)     whether the party gave notice at the earliest opportunity of his or her intention to seek leave; and

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      (b)     the matters on which, and the extent to which, the witness has been or is likely to be, questioned by some other party.