OpenLegislation

Rule 48.14 Cross-examination of maker of written witness statement or other hearsayI1

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 the court’s permission to cross-examine a person who made a statement which another party wants to introduce as hearsay.

(2)

The party who wants to cross-examine that person must—

(a)

apply in writing, with reasons; and

(b)

serve the application on—

(i)

the court officer, and

(ii)

the party who served the hearsay.

(3)

A respondent who wants to cross-examine such a person must apply to do so not more than 5 business days after service of the hearsay by the applicant.

(4)

An applicant who wants to cross-examine such a person must apply to do so not more than 3 business days after service of the hearsay by the respondent.

(5)

The court—

(a)

may decide an application under this rule without a hearing; but

(b)

must not dismiss such an application unless the person making it has had an opportunity to make representations at a hearing.

[Note. See also section 3 of the Civil Evidence Act 1995f1.]

Annotations

Commencement

I1

Rule 48.14 in force at 6.10.2025, see Preamble

Footnotes

f1

1995 c. 38.