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The Rules of the Supreme Court (Northern Ireland) (Revision) 1980

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Conviction, etc. to be adduced in evidence: matters to be pleaded

23.—(1) If in any action which is to be tried with pleadings any party intends, in reliance on section 7 of the Civil Evidence Act (Northern Ireland) 1971(1), to adduce evidence that a person was convicted of an offence by or before a court in the United Kingdom or by a court-martial there or elsewhere, he must include in his pleading a statement of his intention with particulars of—

(a)the conviction and the date thereof,

(b)the court or court-martial which made the conviction, and

(c)the issue in the proceedings to which the conviction is relevant.

(2) If in any action which is to be tried with pleadings any party intends, in reliance on section 8 of the said Act of 1971, to adduce evidence that a person was found guilty of adultery in matrimonial proceedings or was adjudged to be the father of a child in affiliation proceedings before a court in the United Kingdom, he must include in his pleading a statement of his intention with particulars of—

(a)the finding or adjudication and the date thereof,

(b)the court which made the finding or adjudication and the proceedings in which it was made, and

(c)the issue in the proceedings to which the finding or adjudication is relevant.

(3) Where a party's pleading includes such a statement as is mentioned in paragraph (1) or (2), then if the opposite party—

(a)denies the conviction, finding of adultery or adjudication of paternity to which the statement relates, or

(b)alleges that the conviction, finding or adjudication was erroneous, or

(c)denies that the conviction, finding or adjudication is relevant to any issue in the proceedings,

he must make the denial or allegation in his pleading.

(4) This rule shall not apply to evidence intended to impeach the credit of a party or witness.

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