Explanatory note

(This note is not part of the Rules)

These Rules make provision for the requirements of the Civil Evidence Act 1995 in relation to hearsay evidence in civil proceedings in magistrates' courts. These Rules make provision for–

(a)

a hearsay notice (rule 3);

(b)

the procedure to call a witness for cross-examination on hearsay evidence (rule 4);

(c)

a notice requirement where a party tenders hearsay evidence but does not call the person who made the statement to give oral evidence, and another party wishes to attack the credibility of the person who made the statement or allege that he has made another statement inconsistent with it (rule 5);

(d)

the service of a document required by these Rules (rule 6); and

(e)

a consequential amendment to the Schedule to the Justices' Clerks Rules 1970 (rule 7).