Section 138 - Burden of proving fact necessary to be proved to make evidence admissible.

(1) The burden of proving any fact necessary to be proved in order to-

(a) enable a person to adduce evidence of some other fact; or

(b) prevent the opposite party from adducing evidence of some other fact, lies on the person who wishes to adduce, or to prevent the adduction of such evidence, respectively.

(2) The existence or non-existence of facts relating to the admissibility of evidence under this section is to be determined by the court.