DR - Witnesses - hearsay

Question 1

Is hearsay admissible in civil proceedings?

Answer 1

Yes

Question 2

What is hearsay?

Answer 2

• an oral or written statement
• made out of court
• which is being adduced in court to prove the truth of the matter stated.

Question 3

When is notice of hearsay evidence required / not required?

Answer 3

No notice is required if the evidence is in a witness statement of someone who will appear at court.

No notice is required if the evidence is in a witness statement of someone who will NOT appear at court. But the other party must be informed that the witness will not be giving evidence with reasons.

In all other cases, notice must be served identifying the hearsay and the reason why the witness will not be called

Question 4

What happens if notice of hearsay is not given when it should have been?

Answer 4

Will still be admissible, but
- given less weight and
- costs may be awarded

Question 5

What are the options on receipt of a notice of intention to rely on hearsay evidence?

Answer 5

• Request particulars of hearsay
• Call for cross-examination (14 days)
• Challenge weight
• Attack credibility

Question 6

In Small Claims or FastTrack cases, what is the likely number of expert witnesses?

Answer 6

Normally one joint expert

Question 7

Hearsay
are plans, photos and models hearsay

Answer 7

Yes. Notice must be given for their use or else it will not be receiveable at trial.