Civil Evidence - Hearsay and Admissibility Flashcards
What is the definition of hearsay?
- An oral or written statement
- Made out of court
- Which is being adduced in court to prove the truth of the matter stated
Is hearsay evidence admissible in DR?
Yes
What must a party do if they want to use hearsay evidence at trial?
Notify the other party
When is no formal notice needed for hearsay evidence?
Witness giving hearsay will testify at trial
What must formal notice for hearsay explain?
- The evidence
- Why the witness will not be called
What happens if hearsay notice not given on time?
Evidence may still be admitted, but carry less weight + cost penalties.
On receipt of notice to hearsay, what options does the receiving party have?
1) Request particulars of hearsay
2) Call for cross-examination
3) Challenge the weight of hearsay evidence
4) Attack credibility of an absent witness
What is request for particulars of hearsay?
Ask for more details
What is call for cross-examination?
Receiving party can ask court for permission to cross-examine the person
When must a request for call for cross-examination be made?
Within 14 days of hearsay notice
How could a receiving party challenge hearsay evidence?
- Could they have been called as witness?
- Was statement made at time of event?
- Does evidence involve multiple layers of hearsay?
What is the effect of challenging hearsay evidence?
Reducing its weight
How could a receiving party attack credibility of absent witness?
Showing previous inconsistencies or contradictory statements
When must notice of credibility of absent witness be served?
Within 14 days of hearsay notice
Can a criminal conviction be used as evidence?
Yes, to prove a person committed the offence
Can a defendant prove they did not commit an offence in civil litigation even if convicted?
Yes, on balance of probabilities, even if they have been convicted
