Magistrates' Courts (Hearsay Evidence in Civil Proceedings) Rules 1999
| Jurisdiction | UK Non-devolved |
| Citation | SI 1999/681 |
1999 No. 681 (L.3)
MAGISTRATES' COURTSPROCEDURE
The Magistrates' Courts (Hearsay Evidence in Civil Proceedings) Rules 1999
Made 9th March 1999
Laid before Parliament 10th March 1999
Coming into force 1st April 1999
The Lord Chancellor, in exercise of the powers conferred upon him by section 144 of the Magistrates' Courts Act 19801and sections 2(2), 3 and 12 of the Civil Evidence Act 19952, after consultation with the Rule Committee appointed under the said section 144, hereby makes the following Rules–
Citation and commencement
1. These Rules may be cited as the Magistrates' Courts (Hearsay Evidence in Civil Proceedings) Rules 1999 and shall come into force on 1st April 1999.
Application and interpretation
2.—(1) In these Rules, the “1995 Act” means the Civil Evidence Act 1995.
(2) In these Rules–
“hearsay evidence” means evidence consisting of hearsay within the meaning of section 1(2) of the 1995 Act;
“hearsay notice” means a notice under section 2 of the 1995 Act.
(3) These Rules shall apply to hearsay evidence in civil proceedings in magistrates' courts.
Hearsay notices
3.—(1) Subject to paragraphs (2) and (3), a party who desires to give hearsay evidence at the hearing must, not less than 21 days before the date fixed for the hearing, serve a hearsay notice on every other party and file a copy in the court by serving it on the justices' clerk.
(2) Subject to paragraph (3), the court or the justices' clerk may make a direction substituting a different period of time for the service of the hearsay notice under paragraph (1) on the application of a party to the proceedings.
(3) The court may make a direction under paragraph (2) of its own motion.
(4) A hearsay notice must–
(a)
(a) state that it is a hearsay notice;
(b)
(b) identify the proceedings in which the hearsay evidence is to be given;
(c)
(c) state that the party proposes to adduce hearsay evidence;
(d)
(d) identify the hearsay evidence;
(e)
(e) identify the person who made the statement which is to be given in evidence; and
(f)
(f) state why that person will not be called to give oral evidence.
(5) A single hearsay notice may deal with the hearsay evidence of more than one witness.
Power to call witness for cross-examination on hearsay evidence
4.—(1) Where a party tenders as hearsay evidence a statement made by a person but does not propose to call the person who made the statement to give evidence, the court may, on application, allow another party to call and cross-examine the person who made the statement on its contents.
(2) An application under paragraph (1) must–
(a)
(a) be served on the justices' clerk with sufficient copies for all other parties;
(b)
(b) unless the court otherwise directs, be made not later than 7 days after service of the hearsay notice; and
(c)
(c) give reasons why the person who made the statement should be cross-examined on its contents.
(3) On receipt of an application under paragraph (1), the justices' clerk must–
(a)
(a) unless the court otherwise directs, allow sufficient time for the applicant to comply with paragraph (4);
(b)
(b) fix the date, time and place and endorse them on the copies of the application filed by the applicant; and
(c)
(c) return the copies to the applicant forthwith.
(4) Subject to paragraphs (5) and (6), on receipt of the copies from the justices' clerk under paragraph (3)(c), the applicant must serve a copy on every other party giving not less than 3 days' notice of the hearing of the application.
(5) The court or the justices' clerk may give directions as to the manner in which service under paragraph (4) is to be effected and may, subject to giving notice to the applicant, alter or dispense with the notice requirement under paragraph (4) if the court or the justices' clerk, as the case may be, considers it is in the interests of justice to do so.
(6) The court may hear an application under paragraph (1)ex parte if it considers it is in the interests of justice to do so.
(7) Subject to paragraphs (5) and (6), where an application under paragraph (1) is made, the applicant must file with the court a statement at or before the hearing of the application that...
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