Evidence Ordinance [New Version]

In this Chapter —

"bank" — as defined in the Banking Ordinance, 1941;

"bankers' book" — a ledger, day book, cash book, account book, and other books used in the ordinary course of business of a bank;

"court" — including a judge;

"legal proceeding" — a civil or criminal proceeding before a court in which evidence may be adduced.

[bankers' book]

Subject to the provisions of this Chapter, a copy of an entry in a bankers' book shall be admitted in any legal proceeding as prima facie evidence of that entry and of any matter, depth, or account recorded therein.

[bankers' book and verification of copy]

(Repealed)

In legal proceedings to which the bank is not a party, no banker or bank officer shall be compelled to produce a bankers' book whose contents may be proved under this Division, or to appear as a witness to prove matters, transactions or accounts recorded in the book, except pursuant to an Order of the court made for special cause.

[Banker and Copy Thereof]

[Translation pending]

[Translation pending]

"Photographic copy", for the purposes of this Division — a copy of an original produced by photographic processes, or by another method prescribed in Regulations, whereby a durable and accurate copy of the original is obtained, whether in its original size or in a different size.

[As Evidence]

A photographic copy of a document, of a class of documents prescribed for this purpose in Regulations, to which is attached a certification that the copy was made from the original in the manner and under the conditions prescribed for that class of documents in the Regulations, shall serve as prima facie evidence in legal proceedings —

427 Book of Laws 18 3rd Iyar 5731 28.04.1971

[Translation pending]

[Translation pending]

Nothing in the provisions of Section 41 shall derogate from any other law concerning the admissibility as evidence of a photographic copy made otherwise than in accordance with the provisions of that Section, but shall be in addition thereto.

Preservation of Laws

[Translation pending]

[Translation pending]

[Translation pending]

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[Translation pending]

Where a document has been produced which appears or is proved to be not less than twenty years old, and has been produced from custody which the court considers proper in that case, the court may presume that the signature thereon and every part thereof purporting to have been written in the handwriting of a particular person were so written, and as regards the execution or attestation of the document — that it was executed or attested in the proper manner by the person purporting to have executed or attested it.

Ancient Document

[of the State]

No person shall be obliged to produce, and the court shall not admit, evidence if a Minister has expressed the opinion, in a certificate signed by him, that its production is likely to prejudice an important public interest, unless the court seized of the matter, upon a petition by a party seeking disclosure of the evidence, has found that the need to disclose it for the sake of justice outweighs the interest in non-disclosure.

[The Public Interest]

[Translation pending]

[For Disclosure of Privileged Evidence]

428 Book of Laws 18 3rd Iyar 5731 28.04.1971

in proceedings in which he is charged with the offence of which the fact disclosed by the evidence is an element, unless he has consented thereto.

[Translation pending]

[Translation pending]

A clergyman is not obliged to give testimony concerning a matter told to him in confession and the disclosure of which is forbidden to him under the laws of his religion.

The provisions of this Chapter shall apply both to the production of evidence before a court and tribunal and to its production before an authority, body or person empowered under the law to take evidence; and wherever this Chapter refers to "court" — a tribunal, body or person as aforesaid is also included.

429 Book of Laws 18 3rd Iyar 5731 28.04.1971

The value of oral testimony and the credibility of witnesses are matters for the court to decide upon, based on the conduct of the witnesses, the circumstances of the matter and the indicia of truth revealed during the course of the trial.

Where a court in civil proceedings has adjudicated in one of the following cases on the basis of uncorroborated single testimony, and the testimony is not an admission by a party, it shall set out in its decision what moved it to be satisfied with that testimony; and these are the cases:

[Single Testimony in Civil Proceedings]

[Translation pending]

An accused shall not be convicted on the basis of the testimony of a minor received without an oath unless it is corroborated.

[Without an Oath]

Evidence that is inadmissible in criminal proceedings and was admitted by mistake or inadvertently shall not serve as proof of guilt and no judgment shall be based thereon; nevertheless, the fact that the court heard the evidence shall not invalidate the judgment, unless the court is of the opinion that the accused would not have been convicted but for the admission of that evidence, or that there is no other sufficient evidence apart from it to support the conviction.

[Unlawfully Admitted]

[Translation pending]

Contradictions in the testimony of witnesses do not, in themselves, prevent the court from determining facts in respect of which the contradictions occurred.

Contradictory Evidence

[Translation pending]

[Translation pending]

[Translation pending]

[Translation pending]

The Minister of Justice may prescribe, by Regulations, the rate of the fee to be charged by an advocate for a service under Section 15 and the fees payable for a certification under Section 15 when not performed by an advocate.

The provisions of this Ordinance shall apply to proceedings before any court within the meaning of the Courts Law, 5717-1957, unless otherwise provided in that regard.

430 Book of Laws 18 3 Iyar 5731 28.04.1971

(Section 24)

Form of Expert Opinion

In the Court

In the matter between and

Expert Opinion

Name of Expert

Address and place of employment

I, the undersigned, was requested by; to give my professional opinion on the question set out below that arose in the court in the matter under consideration. I give this opinion in lieu of testimony before the court and I hereby declare that I am fully aware that, for the purposes of the provisions of the criminal law concerning false testimony under oath before the court, this opinion, bearing my signature, has the same legal force as testimony under oath given by me before the court.

The following are particulars of my education:

The following are particulars of my experience:

And this is my opinion:

Date Signature

Form of Medical Certificate

In the Court ....

In the matter between and

Medical Certificate

Name of Physician

Address and place of employment

License number

I, the undersigned, testify and certify hereby that on the day

at the place . . . ., . I examined [name of person] and found in him the following findings:

This certificate is given by me for the purpose of its submission as evidence to the court, and I hereby declare that I am fully aware that, for the purposes of the provisions of the criminal law concerning false testimony under oath before the court, this certificate, bearing my signature, has the same legal force as testimony under oath given by me before the court.

Date Signature

431 Book of Laws 18 3 Iyar 5731 28.04.1971

Form of Public Servant's Certificate

In the Court

In the matter between . and

Public Servant's Certificate

Name of Public Servant -

Address ;

Name of the unit in which employed .-

Place of employment

Description of position

I, the undersigned, testify and certify herewith as follows:

This certificate is given by me for the purpose of its submission as evidence to the court, and I hereby declare herewith that I am fully aware that, for the purposes of the provisions of the criminal law concerning false testimony under oath before the court, this certificate, bearing my signature, has the same legal force as testimony under oath given by me before the court.

Date Signature . . . .