Evidence Act, 1975 (NRCD 323)

Section 134 - Examination of declarant

(1) The declarant of a hearsay statement admitted in evidence may be called and examined, as if under cross-examination concerning the statement, by a party adverse to the party who introduced the statement.

(2) Subsection (1) does not apply if the declarant is

(a) a witness who has testified in the action concerning the subject matter of the statement; or

(b) a party; or

(c) a person whose relationship to a party makes the interest of that person substantially the same as that of a party.

(3) Subsection (1) does not apply if the statement is hearsay evidence admissible only under section 119, 120, 121, or 127.

(4) Hearsay evidence that is otherwise admissible is not made inadmissible by this section because the declarant who made the statement is unavailable for examination under this section.

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