(1) This section applies in civil proceedings where the person who made a previous representation is available to give evidence about an asserted fact.
(2) Where it would cause undue expense or undue delay, or would not be reasonably practicable, to call the person referred to in subsection (1) to give evidence, the hearsay rule does not apply in relation to—
(a) oral evidence of the previous representation referred to in subsection (1) given by a person who saw, heard or otherwise perceived the making of the representation; or
(b) a document so far as it contains the previous representation or some other representation to which it is reasonably necessary to refer to understand the previous representation.
(3) Where the person referred to in subsection (1) has been or is to be called to give evidence, the hearsay rule does not apply in relation to evidence of the representation that is given by—
(a) that person; or
(b) a person who saw, heard or otherwise perceived the making of the representation,
if, at the time when the representation was made, the occurrence of the asserted fact was fresh in the memory of the person who made the representation.
(4) Where subsection (3) applies in relation to the representation, a document containing the representation shall not, unless the court gives leave, be tendered before the conclusion of the examination-in-chief of the person who made the representation.