PART 34HEARSAY EVIDENCE
Opposing the introduction of hearsay evidence34.3
1
This rule applies where a party objects to the introduction of hearsay evidence.
2
That party must—
a
apply to the court to determine the objection;
b
serve the application on—
i
the court officer, and
ii
each other party;
c
serve the application as soon as reasonably practicable, and in any event not more than 14 days after—
i
service of notice to introduce the evidence under rule 34.2,
ii
service of the evidence to which that party objects, if no notice is required by that rule, or
iii
the defendant pleads not guilty
whichever of those events happens last; and
d
in the application, explain—
i
which, if any, facts set out in a notice under rule 34.2 that party disputes,
ii
why the evidence is not admissible, and
iii
any other objection to the evidence.
3
The court—
a
may determine an application—
i
at a hearing, in public or in private, or
ii
without a hearing;
b
must not determine the application unless the party who served the notice—
i
is present, or
ii
has had a reasonable opportunity to respond;
c
may adjourn the application; and
d
may discharge or vary a determination where it can do so under—
i
section 8B of the Magistrates’ Courts Act 1980410 (ruling at pre-trial hearing in a magistrates’ court), or