https://content.next.westlaw.com/practical-law/document/I4f816f5e4c5611e89bf199c0ee06c731/Hearsay-evidence-in-civil-litigation?viewType=FullText&transitionType=Default&contextData=(sc.Default) This practice note explains what hearsay evidence is, and then looks at the requirement to give notice of a proposal to adduce hearsay evidence, both in the case of witness statements and in the case of other types of statements and documents. It also sets out the circumstances where the duty to give notice is not applicable, the time limits for serving the notice and what to do if you are late with service, and suggests what the implications of failing to serve a notice might be. It also provides guidance on how to respond to a hearsay notice.
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This practice note explains what hearsay evidence is, and then looks at the requirement to give notice of a proposal to adduce hearsay evidence, both in the case of witness statements and in the case of other types of statements and documents. It also sets out the circumstances where the duty to give notice is not applicable, the time limits for serving the notice and what to do if you are late with service, and suggests what the implications of failing to serve a notice might be. It also provides guidance on how to respond to a hearsay notice.
In addition, the note considers the right to cross-examine and test the credibility of the maker of a hearsay statement who is not being called as a witness, and describes how the court will go about assessing the weight to be given to any hearsay evidence.