Civil Evidence: Hearsay and Admissibility

Question 1

What is hearsay evidence in civil proceedings?
A) A written or oral statement made outside court, used to prove the truth of its contents
B) A document filed during trial
C) A physical object shown to court
D) A judgment entered by default

Answer 1

A) A written or oral statement made outside court, used to prove the truth of its contents
Explanation: Hearsay is indirect evidence, admitted to prove the truth of what it says.

Question 2

If a party wishes to use hearsay evidence from a witness who will not attend trial, what must they do?
A) Give formal notice and explain the absence
B) File an application to amend pleadings
C) Submit a second witness statement
D) Call the absent witness immediately

Answer 2

A) Give formal notice and explain the absence
Explanation: If a witness will not attend, notice under CPR 33 is required.

Question 2

Which Act states that hearsay is admissible in civil proceedings?
A) Civil Evidence Act 1968
B) Civil Evidence Act 1995
C) Criminal Justice Act 2003
D) Evidence Act 2000

Answer 2

B) Civil Evidence Act 1995
Explanation: Section 1 of the Civil Evidence Act 1995 allows hearsay in civil cases.

Question 3

In civil trials, what must a hearsay notice include?
A) The name of the witness and reason for absence
B) The date the witness first made the statement
C) The cross-examination questions
D) The solicitor’s contact details

Answer 3

A) The name of the witness and reason for absence
Explanation: Formal notice must specify the hearsay and the reason the witness is not coming.

Question 4

Party A serves photographs at trial without giving notice. What may happen?
A) The photos are automatically allowed
B) The trial is paused
C) The evidence may be ruled inadmissible
D) The case is struck out

Answer 4

C) The evidence may be ruled inadmissible
Explanation: Without notice under CPR 33.6, the court can exclude photographs.

Question 5

Party B relies on a conviction in civil proceedings. What does this prove?
A) The individual committed the offence, unless rebutted
B) That damages must automatically be paid
C) That the person must be jailed
D) That the person’s character is bad

Answer 5

A) The individual committed the offence, unless rebutted
Explanation: Under s.11 Civil Evidence Act 1968, the conviction shifts the burden

Question 6

If a hearsay witness is unavailable, but no notice is given, what is the main effect?
A) The evidence is struck out
B) The evidence is still admissible but may carry less weight
C) The case must restart
D) The court automatically dismisses the claim

Answer 6

B) The evidence is still admissible but may carry less weight
Explanation: Lack of notice affects the weight, not admissibility.

Question 7

A party wants to challenge a hearsay witness’s credibility. What must they do?
A) Notify intention within 14 days of hearsay notice
B) Submit a late application
C) File new particulars of claim
D) Amend their defence

Answer 7

A) Notify intention within 14 days of hearsay notice
Explanation: CPR 33.5 requires notice if attacking a non-attending witness’s credibility.

Question 8

What can a party request under s.2 Civil Evidence Act 1995 after hearing about hearsay?
A) Particulars of the hearsay
B) A new hearing
C) A second trial date
D) Summary judgment

Answer 8

A) Particulars of the hearsay
Explanation: s.2 CEA 1995 allows a party to ask for more details about hearsay.

Question 9

Which best describes “multiple hearsay”?
A) Evidence given by two live witnesses
B) A written record of court proceedings
C) A statement repeated through several people
D) Evidence from a police officer

Answer 9

C) A statement repeated through several people
Explanation: Multiple hearsay involves chains of repetition making reliability weaker.