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

England and Wales As made

(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 1995^f1.]

Annotations

Commencement

I1: Rule 48.14 in force at 6.10.2025, see Preamble

Footnotes

f1: 1995 c. 38.