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Clause 29

states the general rule that, subject to the Bill and the control of the court, it is up to the parties to determine how to question witnesses. The customary way in which witnesses are examined is that the witness answers questions. However, this method of giving evidence may be unsuitable for certain witnesses, including but not limited to children, people with an intellectual disability and people who otherwise may not be accustomed to this style of communication. Accordingly, the Bill allows a witness, in certain circumstances, to give evidence wholly or partially in narrative form, that is, as a continuous story in his or her own words. The 2005 LRCs' Report recommended removal of the requirement for a party to apply for a direction for evidence to be given in this narrative form (recommendation 5-1). Under this clause, a party may make an application or the court may make a direction on its own motion. Evidence may also be given in the form of charts, summaries or other explanatory material if it appears to the court that the material would be likely to aid comprehension of other evidence.