Notice of heresay evidence

[Barbarah]

Hi all,

1 week before a hearing, the Defence filed a Witness Statement and this Notice of Heresay Evidence as the Witness would not be at the hearing.

Can I object to the submission/use of this evidence as I cannot cross examine the Witness?

[Barbarah]

??? anyone?

[des8]

Have a look at CPR 33 https://www.justice.gov.uk/courts/pr...l/rules/part33

The sections most relevant to your query are 33.4 & 33.5

If you intend to examine the witness of hearsay evidence you must make application within 14 days of the lodging of the original notice.
If you want to cross examine make immediate application to the court.

[Barbarah]

Can I also object to the statement at the hearing, on the grounds that the Witness is not present to cross-examine?

[des8]

No, it will be for the judge to decide how much weight to put on il


You could apply to cross-examine the witness but consider the following before proceeding with an application:

• How many witnesses are already giving evidence, and does their evidence overlap with any issues which are the subject of hearsay evidence?
• How central is the witness to the issues in dispute?
• Are there good reasons that the witness is unable to attend trial to give evidence (if so, any application to cross-examine is unlikely to succeed)?
• Is there any other way that witness evidence could be proved at trial (for example, by video-link if they are abroad)?
• How reasonable is it to challenge the notice? If the challenge is unreasonable, it could result in an adverse costs order.

Your response could attack the credibility of the person providing the hearsay evidence. This would require you to apply to the court to call evidence.

Bear in mind all this must be done within 14 days of receiving the hearsay notice,

[Barbarah]

Would I be able to send written questions to this Witness instead? Should I just ask the Judge to permit that?

[des8]

no you can't. All you can do is apply to the court to question the witness or to provide evidence to reduce the credibility of that witness