PART 33MISCELLANEOUS RULES ABOUT EVIDENCE
Notice of intention to rely on hearsay evidenceI133.2
1
Where a party intends to rely on hearsay evidence at trial and either—
a
that evidence is to be given by a witness giving oral evidence; or
b
that evidence is contained in a witness statement of a person who is not being called to give oral evidence;
that party complies with section 2(1)(a) of the Civil Evidence Act 199539 by serving a witness statement on the other parties in accordance with the court’s order.
2
Where paragraph (1)(b) applies, the party intending to rely on the hearsay evidence must, when he serves the witness statement—
a
inform the other parties that the witness is not being called to give oral evidence; and
b
give the reason why the witness will not be called.
3
In all other cases where a party intends to rely on hearsay evidence at trial, that party complies with section 2(1)(a) of the Civil Evidence Act 1995 by serving a notice on the other parties which—
a
identifies the hearsay evidence;
b
states that the party serving the notice proposes to rely on the hearsay evidence at trial; and
c
gives the reason why the witness will not be called.
4
The party proposing to rely on the hearsay evidence must—
a
serve the notice no later than the latest date for serving witness statements; and
b
if the hearsay evidence is to be in a document, supply a copy to any party who requests him to do so.