Rule 31.8 Credibility and consistency of maker of hearsay statementI1

England and Wales

(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 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 5 business 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 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 5 business 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 1865^f1.]

Annotations

Commencement

I1: Rule 31.8 in force at 6.10.2025, see Preamble

Footnotes

f1: 1865 c. 18; section 6 was amended by section 10 of the Decimal Currency Act 1969 (c. 19), section 119 of, and Schedule 7 to, the Police and Criminal Evidence Act 1984 (c. 60), section 90 of, and paragraph 3 of Schedule 13 to, the Access to Justice Act 1999 (c. 22), section 109 of, and paragraph 47 of Schedule 8 to, the Courts Act 2003 (c. 39) and paragraph 79 of Schedule 36 and Schedule 37 to the Criminal Justice Act 2003 (c. 44).