PART 23 E+W MISCELLANEOUS RULES ABOUT EVIDENCE

Power to call witness for cross-examination on hearsay evidence E+W

23.4.—(1) Where a party—

(a) proposes to rely on hearsay evidence; and

(b) does not propose to call the person who made the original statement to give oral evidence,

the court may, on the application of any other party, permit that party to call the maker of the statement to be cross-examined^(GL) on the contents of the statement.

(2) An application for permission to cross-examine^(GL) under this rule must be made within 14 days beginning with the date on which a notice of intention to rely on the hearsay evidence was served on the applicant. (Rules 35.3 and 35.4 contain rules in relation to evidence arising out of mediation of cross-border disputes.)