PART 31BEHAVIOUR ORDERS

Credibility and consistency of maker of hearsay statement31.8

1

This rule applies where a party wants to challenge the credibility or consistency of a person who made a statement which another party wants to introduce as hearsay.

2

The party who wants to challenge the credibility or consistency of that person must—

a

serve a written notice of intention to do so on—

i

the court officer, and

ii

the party who served the notice of hearsay evidence

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

b

in the notice, identify any statement or other material on which that party relies.

3

The party who served the hearsay notice—

a

may call that person to give oral evidence instead; and

b

if so, must serve a notice of intention to do so on—

i

the court officer, and

ii

every party on whom the hearsay notice was served

not more than 7 days after service of the notice under paragraph (2).

[Note. Section 5(2) of the Civil Evidence Act 1995 describes the procedure for challenging the credibility of the maker of a statement of which hearsay evidence is introduced. See also section 6 of that Act. The 1995 Act does not allow the introduction of evidence of a previous inconsistent statement otherwise than in accordance with sections 5, 6 and 7 of the Criminal Procedure Act 1865655.]