Article 7 Hearsay evidence

in rule 1, for “the Civil Evidence Act (Northern 1971”^f1 there shall be substituted “the Civil Evidence (Northern Ireland) Order 1997”^f2;

for Part III there shall be substituted the following Part—

“III.

HERESAY EVIDENCE ADMISSABLE UNDER THE CIVIL EVIDENCE (NORTHERN IRELAND) ORDER 1997

Interpretation and application

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(1)

In this Part of this Order “hearsay evidence” means evidence consisting of hearsay within the meaning of Article 3(3) of the Civil Evidence (Northern Ireland) Order 1997 (in this rule referred to as “the 1997 Order”).

(2)

Expressions used in this Part of this Order and in the 1997 Order have the same meaning in this Part as they have in that Order.

(3)

This Part of this Order applies in relation to the trial or hearing of an issue or question arising in a cause or matter, and to a reference, inquiry or assessment of damages, as it applies to the trial or hearing of a cause or matter.

Power to call witness for cross-examination on hearsay evidence

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(1)

Where a party to civil proceedings adduces hearsay evidence of a statement made by a person but does not call the person who made the statement to give evidence, the Court may, on the application of another party, allow that other party to call and cross-examine the person on the statement as if he had been called by the first-mentioned party and as if the hearsay statement were his evidence in chief.

(2)

Where the Court allows another party to call and cross-examine the person who made the statement, it may give such directions as it thinks fit to secure the attendance of that person as a witness and as to the procedure to be followed.

Credibility

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If—

(a)

a party has indicated an intention to adduce hearsay evidence of a statement made by a person who will not be called to give evidence;

(b)

another party wishes to attack the credibility of the person who made the statement,

that other party shall, so far as is reasonable in the circumstances, notify the party tendering the hearsay evidence of his intention.

Powers exercisable in chambers

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The jurisdiction of the court under this Part of this Order may be exercised in chambers.”.