The Rules of the Supreme Court (Amendment) 1996

Hearsay evidence

8.  For Order 38, rules 20 to 34, there shall be substituted the following—

“Application and interpretation

20.— (1) In this Part of this Order the “1995 Act” means the Civil Evidence Act 1995(1) and any expressions used in this Part of this Order and in the 1995 Act have the same meanings in this Part of this Order as they have in the Act.

(2) In this Part of this Order:

“hearsay evidence” means evidence consisting of hearsay within the meaning of section 1(2) of the 1995 Act;

“hearsay notice” means a notice under section 2 of the 1995 Act.

(3) This Part of this Order applies in relation to the trial or hearing of an issue or question arising in a cause or matter and to a reference, inquiry and assessment of damages, as it applies to the trial or hearing of a cause or matter.

Hearsay notices

21.— (1) A hearsay notice must

(a) state that it is a hearsay notice;

(b) identify the hearsay evidence;

(c) identify the person who made the statement which is to be given in evidence;

(d) state why that person will (or may) not be called to give oral evidence; and

(e) if the hearsay evidence is contained in a witness statement, refer to the part of the witness statement where it is set out.

(2) A single hearsay notice may deal with the hearsay evidence of more than one witness.

(3) The requirement to give a hearsay notice does not apply to

(a) evidence which is authorised to be given by or in an affidavit; or

(b) a statement which a party to a probate action desires to give in evidence and which is alleged to have been made by the person whose estate is the subject of the action.

(4) Subject to paragraph (5), a party who desires to give in evidence at the trial or hearing of a cause or matter hearsay evidence shall

(a) in the case of a cause or matter which is required to be set down for trial or hearing or adjourned into Court, within 28 days after it is set down or so adjourned or within such other period as the Court may specify, and

(b) in any other case, within 28 days after the date on which an appointment for the first hearing of the cause or matter is obtained, or within such other period as the Court may specify,

serve a hearsay notice on every party to the cause or matter.

(5) Where witness statements are served under rule 2A of this Order, any hearsay notice served under this rule shall be served at the same time as the witness statements.

Power to call witness for cross-examination on hearsay evidence

22.— (1) Where a party tenders as hearsay evidence a statement made by a person but does not propose to call the person who made the statement to give evidence, the court may, on application, allow another party to call and cross-examine the person who made the statement on its contents.

(2) An application under paragraph (1) shall be made on notice to all other parties not later than 28 days after service of the hearsay notice.

(3) Where the court allows another party to call and cross-examine the person who made the statement, it may give such directions as it thinks fit to secure the attendance of that person and as to the procedure to be followed.

Credibility

23.— (1) If

(a) a party tenders as hearsay evidence a statement made by a person but does not call the person who made the statement to give oral evidence, and

(b) another party wishes to attack the credibility of the person who made the statement;

that other party shall notify the party tendering the hearsay evidence of his intention.

(2) A notice under paragraph (1) shall be given not later than 28 days after service of the hearsay notice.

Powers exercisable in chambers

24.   The jurisdiction of the Court under rules 20 to 23 may be exercised in chambers.”.

(1)

Rule 35 restates Order 73, rule 9A which was added by S.I. 1988/1340.