OpenLegislation

Rule 24.5 Evidence of a witness in writingI1

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

This rule applies where a party wants to introduce in evidence the written statement of a witness to which applies—

(a)

Part 16 (Written witness statements);

(b)

Part 19 (Expert evidence); or

(c)

Part 20 (Hearsay evidence).

(2)

That party must explain how the evidence is admissible unless it is—

(a)

evidence of fact within the direct knowledge of the person who made the written statement served under rule 16.4 (Written witness statement in evidence);

(b)

contained in an expert’s report served under rule 19.3 (Introduction of expert evidence); or

(c)

identified as hearsay in a notice served under rule 20.2 (Notice to introduce hearsay evidence).

(3)

If the court admits such evidence—

(a)

the court must read the statement; and

(b)

unless the court otherwise directs, if any member of the public, including any reporter, is present, each relevant part of the statement must be read or summarised aloud.

[Note. See Parts 16, 19 and 20, and the other legislation to which those Parts apply. The admissibility of evidence that a party introduces is governed by rules of evidence.

A written witness statement to which Part 16 applies may only be introduced in evidence if there has been no objection within the time limit to which rule 16.4 refers.

An expert report to which Part 19 applies may only be introduced in evidence if it has been served in accordance with rule 19.3.

Rule 20.3 provides for opposing the introduction of hearsay evidence, including such evidence in a document.

Where a witness gives evidence in person, a previous written statement by that witness may be admissible as evidence under section 119 (Inconsistent statements) or under section 120 (Other previous statements of witnesses) of the Criminal Justice Act 2003f1.]

Annotations

Commencement

I1

Rule 24.5 in force at 6.10.2025, see Preamble

Footnotes

f1

2003 c. 44; section 120 was amended by sections 112 and 178 of, and Schedule 23 to, the Coroners and Justice Act 2009 (c. 25).