Hearsay II

Question 1

Notice needed to introduce hearsay evidence under which provisions

Answer 1

• 114(1)(d) (evidence admissible in the interests of justice);
• 116 (evidence where a witness is unavailable);
• 117(1)(c) (evidence in a statement prepared for the purposes of criminal proceedings)
• 121 (multiple hearsay)

Question 2

Who must notice to introduce hearsay evidence be served on

Answer 2

• They must serve notice on court officer and parties

Question 3

What must notice to introduce hearsay evidence include

Answer 3

• identify the evidence that is hearsay,
• set out any facts on which that party relies to make the evidence admissible,
• explain how that party will prove those facts if another party disputes them, and
• explain why the evidence is admissible; and
• attach to the notice any statement or other document containing the evidence that has not already been served.

Question 4

Time period for serving notice to introduce hearsay evidence

Answer 4

• For prosecutor
• 20 business days after NG plea in MC
• 10 business days after NG plea in CC
• For defendant
• As soon as reasonably practicable

Question 5

How can party waive entitlement to receive notice

Answer 5

• A party entitled to receive a notice under this rule may waive that entitlement by so informing—
• (a) the party who would have served it; and
• (b) the court.

Question 6

Notice is not required for hearsay evidence which is admissible under …

Answer 6

• S.117 (except for 117(c)) - so notice only need if document prepared for criminal proceedings other than xxx
• S.118 (common law)
• S.119 (inconsistent statements)
• S.120 (other previous statements of witness); or
• S.127 (expert evidence: preparatory work)

Question 7

How to object to the introduction of hearsay evidence

Answer 7

• Apply to court to determine the application
• Serve application on court officer + other parties

Question 8

When must application objecting to the introduction of hearsay evidence be served

Answer 8

• serve the application as soon as reasonably practicable, and in any event not more than 10 business days after—
• service of notice to introduce the evidence under rule 20.2,
• service of the evidence to which that party objects, if no notice is required by that rule, or
• the defendant pleads not guilty
• Whichever event happens last

Question 9

What should application objecting to introduction of hearsay evidence include

Answer 9

• which, if any, facts set out in a notice under rule 20.2 that party disputes,
• why the evidence is not admissible, and
• any other objection to the evidence.

Question 10

How can court determine application objecting to hearsay evidence introduction

Answer 10

• With or without a hearing
• Cannot determine application unless the serving party is
• Present OR
• Had reasonable opportunity to respond

Question 11

Unopposed hearsay evidence

Answer 11

• If a party serves notice to introduce hearsay evidence and not other party applies for the court to determine the application, then it is treated as admissible by agreement

Question 12

Courts power to vary requirements under this part

Answer 12

• Court can
• adjust time limits
• Allow application to be made orally
• Dispense with requirement for notice
• Party who wants extension of time must
• Apply when serving application or notice and explain the delay