Rule 31.6 Notice of hearsay evidenceI1

England and Wales

(1)

A party who wants to introduce hearsay evidence must—

(a)

serve notice on—

(i)

the court officer, and

(ii)

every other party directly affected; and

(b)

in that notice—

(i)

explain that it is a notice of hearsay evidence,

(ii)

identify that evidence,

(iii)

identify the person who made the statement which is hearsay, or explain why if that person is not identified, and

(iv)

explain why that person will not be called to give oral evidence.

(2)

A party may serve one notice under this rule in respect of more than one F1statement and more than one witness.

F2For requirements to serve a notice of evidence, see rules 31.3, 31.4 and 31.5. See also the requirement in section 2 of the Civil Evidence Act 1995 for reasonable and practicable notice of a proposal to introduce hearsay evidence.

Rules 31.6, 31.7 and 31.8 broadly correspond with rules 3, 4 and 5 of the Magistrates’ Courts (Hearsay Evidence in Civil Proceedings) Rules 1999^f1, which apply in civil proceedings in magistrates’ courts. Rule 3 of the 1999 Rules however includes a time limit, which may be varied by the court, or a justices’ legal adviser, of 21 days before the date fixed for the hearing, for service of a hearsay notice.]

Annotations

Textual amendments

F1: Word in rule 31.6(2) substituted (23.2.2026) by The Criminal Procedure (Amendment) Rules 2026 (S.I. 2026/47), rule 2, Sch. para. 11
F2: Words in rule 31.6 Note substituted (6.4.2026) by The Criminal Procedure (Amendment) Rules 2026 (S.I. 2026/47), rules 3, 9(e)

Commencement

I1: Rule 31.6 in force at 6.10.2025, see Preamble

Footnotes

f1: S.I. 1999/681, amended by S.I. 2005/617.