Civil Evidence Act 1995

JurisdictionUK Non-devolved
Citation1995 c. 38
(1) In civil proceedings evidence shall not be excluded on the ground that it is hearsay.hearsay” means a statement made otherwise than by a person while giving oral evidence in the proceedings which is tendered as evidence of the matters stated; andreferences to hearsay include hearsay of whatever degree.(3) Nothing in this Act affects the admissibility of evidence admissible apart from this section.(4) The provisions of sections 2 to 6 (safeguards and supplementary provisions relating to hearsay evidence) do not apply in relation to hearsay evidence admissible apart from this section, notwithstanding that it may also be admissible by virtue of this section.such notice (if any) of that fact, andon request, such particulars of or relating to the evidence,specifying classes of proceedings or evidence in relation to which subsection (1) does not apply, andas to the manner in which (including the time within which) the duties imposed by that subsection are to be complied with in the cases where it does apply.(3) Subsection (1) may also be excluded by agreement of the parties; and compliance with the duty to give notice may in any case be waived by the person to whom notice is required to be given.in considering the exercise of its powers with respect to the course of proceedings and costs, andas a matter adversely affecting the weight to be given to the evidence in accordance with section 4.
  • Rules of court may provide that where a party to civil proceedings adduces hearsay evidence of a statement made by a person and does not call that person as a witness, any other party to the proceedings may, with the leave of the court, call that person as a witness and cross-examine him on the statement as if he had been called by the first-mentioned party and as if the hearsay statement were his evidence in chief.
  • (1) In estimating the weight (if any) to be given to hearsay evidence in civil proceedings the court shall have regard to any circumstances from which any inference can reasonably be drawn as to the reliability or otherwise of the evidence.whether it would have been reasonable and practicable for the party by whom the evidence was adduced to have produced the maker of the original statement as a witness;whether the original statement was made contemporaneously with the occurrence or existence of the matters stated;whether the evidence involves multiple hearsay;whether any person involved had any motive to conceal or misrepresent matters;whether the original statement was an edited account, or was made in collaboration with another or for a particular purpose;whether the circumstances in which the evidence is adduced as hearsay are such as to suggest an attempt to prevent proper evaluation of its weight.(1) Hearsay evidence shall not be admitted in civil proceedings if or to the extent that it is shown to consist of, or to be proved by means of, a statement made by a person who at the time he made the statement was not competent as a witness.evidence which if he had been so called would be admissible for the purpose of attacking or supporting his credibility as a witness is admissible for that purpose in the proceedings; andevidence tending to prove that, whether before or after he made the statement, he made any other statement inconsistent with it is admissible for the purpose of showing that he had contradicted himself.

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