When may the court examine evidence on its own initiative rather than waiting for a party to apply for it?
General information · Not legal advice
Material to check
In a practice file for this exercise, we read the parties' applications for evidence and the rulings on them, to see what evidence the court was asked to take, and the trial record, to see whether the court directed any examination of its own motion and gave a reason.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes both grounds the provision offers: the court may examine evidence on its own initiative where it cannot form its conviction on the basis of the evidence the parties have applied for, or where it otherwise recognises this to be necessary, and in either case the power is expressed as something the court 'may' do.
Another reading stresses what the provision does not reach: it names no kind of evidence the court may take on its own motion, does not say on what record the finding of necessity must appear, and does not tell whether a party may ask the court to exercise this power, so the scope of the court's reach stays open.
Your judgment
When the court examines evidence on its own motion, how could the file show which of the two grounds it relied on?
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 add a ground or a limit on the evidence the court may take on its own initiative, or if a court decision sets what the record must show for the finding of necessity.