PART 31BEHAVIOUR ORDERS

Cross-examination of maker of hearsay statement31.7

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, not more than 7 days after service of the notice of hearsay evidence; and

b

serve the application on—

i

the court officer,

ii

the party who served the hearsay evidence notice, and

iii

every party on whom the hearsay evidence notice was served.

3

The court may decide an application under this rule with or without a hearing.

4

But the court must not—

a

dismiss an application under this rule unless the applicant has had an opportunity to make representations at a hearing (whether or not the applicant in fact attends); or

b

allow an application under this rule unless everyone served with the application has had at least 7 days in which to make representations, including representations about whether there should be a hearing.

[Note. See also section 3 of the Civil Evidence Act 1995.]