Rule 31.7 Cross-examination of maker of hearsay statementI1
England and Wales
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.
The party who wants to cross-examine that person must—
apply in writing, with reasons, not more than 5 business days after service of the notice of hearsay evidence; and
serve the application on—
the court officer,
the party who served the hearsay evidence notice, and
every party on whom the hearsay evidence notice was served.
The court may decide an application under this rule with or without a hearing.
But the court must not—
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
allow an application under this rule unless everyone served with the application has had at least 5 business 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.]