Hearsay

Question 1

what is the definition of hearsay?

Answer 1

Definition of hearsay:
o Statement made by someone not giving 1st hand evidence
o Which is relied on as evidence
o To prove truth of a matter

Question 2

what form can hearsay take?

Answer 2

Hearsay can take any form i.e. oral, w/s, pictorial

Question 3

is hearsay admissible?

Answer 3

Hearsay is admissible (but must be always be relevant and, where applicable, admissible opinion)

Question 4

explain the notice requirements for hearsay evidence

Answer 4

Hearsay in w/s + W giving oral evidence = serve w/s

All other evidence which inc. hearsay (e.g. evidence relied upon not in a w/s or w/s relied upon and W not giving evidence) = serve hearing notice by deadline for serving w/s

Question 5

what information is included in the hearsay notice?

Answer 5

Notice states W not giving evidence + why. Signed + dated.

Question 6

what can the o/s do in response to a hearsay notice?

Answer 6

o Seek an order for original statement maker to be cross-examined
o Serve notice of intention to attack hearsay

Question 7

what is the effect if the hearsay notice requirements aren’t complied with?

Answer 7

evidence still admissible but may affect weight/costs

Question 8

what must the court consider when reviewing the weigh to attach to hearsay evidence?

Answer 8

Court must have regard to any inferences which can be reasonably drawn as to the reliability of the evidence. Non-exhaustive list of considerations:
o Reasonable/practicable to produce original statement maker?
o Original statement contemporaneous with event?
o Multiple hearsay?
o Statement collaborated/made for a particular purpose?