5. Examination and Cross-Examination of Witnesses

5–1 Section 29 of the uniform Evidence Acts should be amended to remove the requirement that a party must apply to the court for a direction that the witness may give evidence in narrative form. It should provide that a court may, on its own motion or on application, direct that the witness give evidence wholly or partly in narrative form, and the way in which narrative evidence may be given.

5–2 The ALRC and NSWLRC recommend that section 41 of the uniform Evidence Acts should be amended to adopt the terms of s 275A of the Criminal Procedure Act 1986 (NSW). This section should apply both to civil and criminal proceedings.