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(b) if a witness is asked any question tending to show that he is not impartial and answers it by
denying the facts suggested, he may, by permission of the court, be contradicted by evidence of

those facts. 113

Where any declaration or statement made by a deceased person which is admissible in evidence,

or any deposition, is proved, all relevant evidence may be adduced in order to contradict it, or in
order to impeach the credibility of the person by whom it was made which might have been

proved if that person had been called as a witness, and had denied upon cross-examination the

truth of the matter suggested. 114

The evidence that may be brought pursuant to section (1), to rebut the declaration or statement or

credibility of a deceased person shall be restricted to the kind of evidence that might have been
brought if the deceased person had been called as a witness and had denied upon cross-

examination the truth of the matter suggested. 115

Where a cross-examiner (a) is cross-examining or has cross-examined a witness about a prior

inconsistent statement alleged to have been made by the witness, or (b) in cross-examination of a
witness, is using or has used a previous representation alleged to have been made by some other

person, being a statement or representation that is recorded in a document, the cross-examiner
shall, if the court so orders or if some other party so requires, produce the document, or such

evidence of the contents of the document as is available to the cross-examiner, to the court or to

that other party. 116

Where a document or evidence has been produced in accordance with subsection (1), the court

may (a) examine it; (b) give directions as to its use; or (c) admit it notwithstanding that it has not
been tendered by a party. 117

A cross-examiner shall not, by reason only of having produced a document to a witness who is
being cross-examined, be required to tender the document. 118

113 St. Kitts and Nevis - Evidence Act No. 30 of 2011, section 45
114 St. Kitts and Nevis - Evidence Act No. 30 of 2011, section 47(1)
115 St. Kitts and Nevis - Evidence Act No. 30 of 2011, section 47(2)
116 St. Kitts and Nevis - Evidence Act No. 30 of 2011, section 48(1)
117 St. Kitts and Nevis - Evidence Act No. 30 of 2011, section 48(2)
118 St. Kitts and Nevis - Evidence Act No. 30 of 2011, section 48(3)
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