When documentary evidence is examined at trial, who reads it out, and when may the presiding judge use another method instead?
General information · Not legal advice
Material to check
In the practice file, we read the application on which the examination of the document was sought, which names the prosecutor, the accused or defence counsel who applied, the document itself to see whose custody it was in, and the courtroom record for any notification of its content or any note that it was shown for inspection.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading sets the baseline from the applicant: where examination follows an application by the prosecutor, the accused or defence counsel, the applicant reads the document aloud, and where the court examines it on its own motion, the holder or the presiding judge reads it, with the presiding judge free, where necessary, to notify the content instead and to have a court official do the reading or notification.
Another reading stresses the conditions attached to the alternatives: notification under the provision applies only where the presiding judge finds it necessary, and showing the document for inspection only where the presiding judge finds inspection more appropriate than other methods, while the provision does not say what those findings must rest on.
Your judgment
Where the presiding judge notifies the content instead of reading the document aloud, what in the courtroom record would show how far that notification went?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change who reads or to set limits on notification and inspection, or if a court decision decides how detailed a notification must be for the examination to count.