Hearsay

Question 1

What is hearsay?

Answer 1

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

Question 2

Is hearsay admissible in court?

Answer 2

Yes, but treated carefully by the court

Question 3

What must a party do if it intends to use hearsay evidence at trial?

Answer 3

Give notice to the other party

Question 4

When is notice not required for hearsay evidence?

Answer 4

When the evidence is a witness statement of a person who is to give oral evidence at trial - notice is deemed when the witness statements are served

Question 5

What happens if a witness giving a hearsay statement will not give oral evidence?

Answer 5

Formal notice not required, but the other party must be informed with reasons that they are not giving evidence at trial

Question 6

What occurs if notice is not given when it should have been?

Answer 6

The evidence will still be admissible but the court will likely put less weight on it

Question 7

What are the 4 possible options on receipt of hearsay notice?

Answer 7

• Request particulars of hearsay
• Call for cross-examination
• Challenge the weight of hearsay evidence
• Attack credibility of an absent witness

Question 8

What is required for cross-examination related to hearsay evidence?

Answer 8

Application must be made no later than 14 days after service of hearsay notice

Question 9

What factors does the court consider when challenging the weight of hearsay evidence?

Answer 9

• Reasonableness of producing the maker as a witness
• Whether the original statement was made contemporaneously
• Whether the evidence involves multiple hearsay

Question 10

How can a receiving party attack the credibility of an absent witness?

Answer 10

By showing that the absent witness made previous inconsistent or contradictory statements

Question 11

What must be notified to the adducing party when attacking credibility of an absent witness?

Answer 11

Intention to do this no later than 14 days after the hearsay notice was served

Question 12

What types of evidence count as hearsay?

Answer 12

• Plans
• Photographs
• Models

Question 13

Are convictions admissible as evidence in court?

Answer 13

Yes, to prove a person has committed an offence

Question 14

What happens if evidence of conviction is proved?

Answer 14

The person shall be taken to have committed the offence unless the contrary is proved on the balance of probabilities