PART 62CONTEMPT OF COURT
SECTION 3: CONTEMPT OF COURT BY FAILURE TO COMPLY WITH COURT ORDER, ETC.
Cross-examination of maker of written witness statement or other hearsay62.14
1
This rule applies where a party wants the court’s permission to cross-examine a person who made a statement which another party wants to introduce as hearsay.
2
The party who wants to cross-examine that person must—
a
apply in writing, with reasons; and
b
serve the application on—
i
the court officer, and
ii
the party who served the hearsay.
3
A respondent who wants to cross-examine such a person must apply to do so not more than 7 days after service of the hearsay by the applicant.
4
An applicant who wants to cross-examine such a person must apply to do so not more than 3 days after service of the hearsay by the respondent.
5
The court—
a
may decide an application under this rule without a hearing; but
b
must not dismiss such an application unless the person making it has had an opportunity to make representations at a hearing.
[Note. See also section 3 of the Civil Evidence Act 1995684.]