Statutory Instruments 1998 No. 3132 (L. 17)

Statutory Instruments 1998 No. 3132 (L. 17)
The Civil Procedure Rules 1998 - continued

PART 33
MISCELLANEOUS RULES ABOUT EVIDENCE

Contents of this Part

Introductory	Rule 33.1
Notice of intention to rely on hearsay evidence	Rule 33.2
Circumstances in which notice of intention to rely on hearsay evidence is not required	Rule 33.3
Power to call witness for cross-examination on hearsay evidence	Rule 33.4
Credibility	Rule 33.5
Use of plans, photographs and models as evidence	Rule 33.6
Evidence of finding on question of foreign law	Rule 33.7
Evidence of consent of trustee to act	Rule 33.8

Introductory
33.1 In this Part -

Notice of intention to rely on hearsay evidence
33.2 - (1) Where a party intends to rely on hearsay evidence at trial and either -

(a) that evidence is to be given by a witness giving oral evidence; or

(b) that evidence is contained in a witness statement of a person who is not being called to give oral evidence;

that party complies with section 2(1)(a) of the Civil Evidence Act 1995[39] by serving a witness statement on the other parties in accordance with the court's order.

(2) Where paragraph (1)(b) applies, the party intending to rely on the hearsay evidence must, when he serves the witness statement -

(3) In all other cases where a party intends to rely on hearsay evidence at trial, that party complies with section 2(1)(a) of the Civil Evidence Act 1995 by serving a notice on the other parties which -

(4) The party proposing to rely on the hearsay evidence must -

Circumstances in which notice of intention to rely on hearsay evidence is not required
33.3 Section 2(1) of the Civil Evidence Act 1995 (duty to give notice of intention to rely on hearsay evidence) does not apply -

(a) to evidence at hearings other than trials;

(b) to a statement which a party to a probate action wishes to put in evidence and which is alleged to have been made by the person whose estate is the subject of the proceedings; or

(c) where the requirement is excluded by a practice direction.

Power to call witness for cross-examination on hearsay evidence
33.4 - (1) Where a party -

(a) proposes to rely on hearsay evidence; and

(b) does not propose to call the person who made the original statement to give oral evidence,

the court may, on the application of any other party, permit that party to call the maker of the statement to be cross-examined on the contents of the statement.

(2) An application for permission to cross-examine under this rule must be made not more than 14 days after the day on which a notice of intention to rely on the hearsay evidence was served on the applicant.

Credibility
33.5 - (1) Where a party -

(a) proposes to rely on hearsay evidence; but

(b) does not propose to call the person who made the original statement to give oral evidence; and

(c) another party wishes to call evidence to attack the credibility of the person who made the statement,

the party who so wishes must give notice of his intention to the party who proposes to give the hearsay statement in evidence.

(2) A party must give notice under paragraph (1) not more than 14 days after the day on which a hearsay notice relating to the hearsay evidence was served on him.

Use of plans, photographs and models as evidence
33.6 - (1) This rule applies to evidence (such as a plan, photograph or model) which is not -

(a) contained in a witness statement, affidavit⁽^G^L⁾ or expert's report;

(b) to be given orally at trial; or

(c) evidence of which prior notice must be given under rule 33.2.

    (2) This rule includes documents which may be received in evidence without further proof under section 9 of the Civil Evidence Act 1995[40].

    (3) Unless the court orders otherwise the evidence shall not be receivable at a trial unless the party intending to put it in evidence has given notice to the other parties in accordance with this rule.

    (4) Where the party intends to use the evidence as evidence of any fact then, except where paragraph (6) applies, he must give notice not later than the latest date for serving witness statements.

    (5) He must give notice at least 21 days before the hearing at which he proposes to put in the evidence, if -

    (6) Where the evidence forms part of expert evidence, he must give notice when the expert's report is served on the other party.

    (7) Where the evidence is being produced to the court for any reason other than as part of factual or expert evidence, he must give notice at least 21 days before the hearing at which he proposes to put in the evidence.

    (8) Where a party has given notice that he intends to put in the evidence, he must give every other party an opportunity to inspect it and to agree to its admission without further proof.

Evidence of finding on question of foreign law
     33.7 - (1) This rule sets out the procedure which must be followed by a party who intends to put in evidence a finding on a question of foreign law by virtue of section 4(2) of the Civil Evidence Act 1972[41].

    (2) He must give any other party notice of his intention.

    (3) He must give the notice -

(4) The notice must -

Evidence of consent of trustee to act
33.8 A document purporting to contain the written consent of a person to act as trustee and to bear his signature verified by some other person is evidence of such consent.

PART 34
DEPOSITIONS AND COURT ATTENDANCE BY WITNESSES

Contents of this Part

Scope of this Part	Rule 34.1
Witness summonses	Rule 34.2
Issue of a witness summons	Rule 34.3
Witness summons in aid of inferior court or of tribunal	Rule 34.4
Time for serving a witness summons	Rule 34.5
Who is to serve a witness summons	Rule 34.6
Right of witness to travelling expenses and compensation for loss of time	Rule 34.7
Evidence by deposition	Rule 34.8
Conduct of examination	Rule 34.9
Enforcing attendance of witness	Rule 34.10
Use of deposition at a hearing	Rule 34.11
Restrictions on subsequent use of deposition taken for the purpose of any hearing except the trial	Rule 34.12
Where a person to be examined is out of the jurisdiction - letter of request	Rule 34.13
Fees and expenses of examiner	Rule 34.14
Examiners of the court	Rule 34.15