CIVIL EVIDENCE ACT [Chapter 8:01] as at 1st May 2007 (5) No person who is subpoenaed or otherwise required to produce in evidence an original document referred to in subsection (2) or (3) need comply with the subpoena or requirement unless there is shown to him an order of a judge of the High Court or Supreme Court, or a copy of such an order, requiring him to produce the document, or unless the Minister or head of the Ministry responsible for the document’s custody authorizes the production. 13 Documents produced by computers (1) Subject to this section, a document produced by a computer shall be admissible as evidence of any fact stated therein if direct oral evidence of that fact would be admissible. (2) A document mentioned in subsection (1) shall be admissible if the party producing it proves that— (a) the document was produced by the computer during a period when the computer was used regularly to store or process information for the purposes of any activity regularly carried on over that period; and (b) over that period information of the kind contained in the document, or of the kind from which the information in the document is derived, was regularly supplied to the computer in the ordinary course of that activity; and (c) the information contained in the relevant part of the document reproduces or is derived from information supplied to the computer in the ordinary course of that activity; and (d) throughout the material part of that period the computer was operating properly or, if it was not, its failure to do so would not have affected the production of the document or the accuracy of its contents. (3) Where over a period the function of storing or processing information for the purposes of any activity was regularly performed by— (a) two or more computers; or (b) one or more combinations of computers; whether operating continuously or in succession over the period, all the computers shall be treated for the purposes of this section as constituting a single computer. (4) For the purpose of showing that a document is admissible under this section, a document which purports to be an affidavit and which— (a) identifies the document; and (b) describes the manner in which the document was produced, giving sufficient information to show that it was produced by a computer in the circumstances described in subsection (2); and (c) purports to be made by a person responsible for operating the computer by which or managing the activity for which the document was produced; shall be admissible on its production by any person as prima facie proof of the facts stated therein: Provided that it shall be sufficient for the matters referred to in paragraph (b) to be stated to the best of the deponent’s knowledge and belief. (5) For the purposes of this section— — 9 —