Hearsay

Question 1

What is not deemed hearsay? (7)

Answer 1

• Evidence of threats made to a person
• my solicitor told me to say no comment
• private diary
• CCTV
• Questions
• Statements made out of court adduces to show the effect they had on a person (not their veracity)
• falsehoods

Question 2

what are the grounds under which hearsay can be admitted?

Answer 2

1. Agreement of the parties
2. Statute:
   - Witness is unavailable
   - Business documents
   - interest of justice
3. Common law:
   - Public information
   - evidence of reputation
   - res gestate
   - body of expertise
   - confessions
   - statements in the furtherance of common enterprise
4. Previous inconsistent statement

Question 3

when is multiple hearsay admissible?

Answer 3

• All parties to the proceedings so agree
• Either of the statements is admissible under s.117, 119, or 120
• The court is satisfied that the value of the evidence in question, considering how reliable the statements appear to be, is so high that the interests of justice require the later statement to be admissible for that purpose
• So – multiple hearsay is not admissible through:

o Witness unavailability exceptions in s 116
o Or any of the common law exception in 118

Question 4

when is multiple hearsay admissible?

Answer 4

• All parties to the proceedings so agree
• Either of the statements is admissible under s.117, 119, or 120
• The court is satisfied that the value of the evidence in question, considering how reliable the statements appear to be, is so high that the interests of justice require the later statement to be admissible for that purpose
• So – multiple hearsay is not admissible through:

o Witness unavailability exceptions in s 116
o Or any of the common law exception in 118

Question 5

Is notice required to admit hearsay?

Answer 5

Yes

Question 6

When must the notice be served, what must it contain?

Answer 6

• 20 BD NGP MC
• 10 BD NGP CC

The notice must:
a. identify the hearsay evidence
b. set out the facts relied on that made the evidence admissible
c. set out hose those facts will be proved if disputed

Question 6

When must the notice be served, what must it contain?

Answer 6

• 20 BD NGP MC
• 10 BD NGP CC

The notice must:
a. identify the hearsay evidence
b. set out the facts relied on that made the evidence admissible
c. set out hose those facts will be proved if disputed

Question 7

Is notice required to admit hearsay?

Answer 7

Yes apart from s118

Question 8

When must the notice be served, what must it contain?

Answer 8

• 20 BD NGP MC
• 10 BD NGP CC

The notice must:
a. identify the hearsay evidence
b. set out the facts relied on that made the evidence admissible
c. set out hose those facts will be proved if disputed
d. explain why evidence is admissible
e. evidence attached

Question 9

When must the notice be served, what must it contain?

Answer 9

• 20 BD NGP MC
• 10 BD NGP CC

The notice must:
a. identify the hearsay evidence
b. set out the facts relied on that made the evidence admissible
c. set out hose those facts will be proved if disputed
d. explain why evidence is admissible
e. evidence attached

Question 10

opposing hearsay when must application be served what must it explain?

Answer 10

10 BD after which ever is last:
- Service of notice to admit
- service of evidence
- NGP

The application must explain:
a. which if any facts set out in the notice to introduce the party disputes
b. why the evidences is not admissible
c. Any other objection