OpenLegislation

Article 3 Hearsay notices

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Subject to paragraphs (2) and (3), a party who desires to give hearsay evidence at the hearing must, not less than 21 days before the date fixed for the hearing, serve a hearsay notice on every other party and file a copy in the court by serving it on the justices' clerk.

(2)

Subject to paragraph (3), the court or the justices' clerk may make a direction substituting a different period of time for the service of the hearsay notice under paragraph (1) on the application of a party to the proceedings.

(3)

The court may make a direction under paragraph (2) of its own motion.

(4)

A hearsay notice must–

(a)

state that it is a hearsay notice;

(b)

identify the proceedings in which the hearsay evidence is to be given;

(c)

state that the party proposes to adduce hearsay evidence;

(d)

identify the hearsay evidence;

(e)

identify the person who made the statement which is to be given in evidence; and

(f)

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

(5)

A single hearsay notice may deal with the hearsay evidence of more than one witness.