PART 33MISCELLANEOUS RULES ABOUT EVIDENCE

Circumstances in which notice of intention to rely on hearsay evidence is not requiredI133.3

Section 2(1) of the Civil Evidence Act 1995 (duty to give notice of intention to rely on hearsay evidence) does not apply—

a

to evidence at hearings other than trials;

F1aa

to an affidavit or witness statement which is to be used at trial but which does not contain hearsay evidence;

b

to a statement which a party to a probate action wishes to put in evidence and which is alleged to have been made by the person whose estate is the subject of the proceedings; or

c

where the requirement is excluded by a practice direction.