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The Criminal Procedure Rules 2020
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Changes and effects yet to be applied to Rule 48.11:
- rule 18.14-18.17 omitted by S.I. 2024/62 rule 8(d)(ii)
- rule 18.1(c)-(e) rule 18.1(d)-(f) renumbered as rule 18.1(c)-(e) by S.I. 2024/62 rule 8(a)(ii)
- rule 33.47-33.50 omitted by S.I. 2024/62 rule 9(a)(ii)
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- rule 2.8(4)(g)-(j) rule 2.8(4)(f)-(i) renumbered as rule 2.8(4)(g)-(j) by S.I. 2024/62 rule 3(b)(i)
- rule 3.35(4)(h) rule 3.35(4)(g) renumbered as rule 3.35(4)(h) by S.I. 2024/62 rule 4(e)(iii)
- rule 3.8(7)(8) inserted by S.I. 2024/62 rule 4(c)(iii)
- rule 3.35(8) rule 3.35(7) renumbered as rule 3.35(8) by S.I. 2024/62 rule 4(e)(v)
- rule 3.8(9) rule 3.8(7) renumbered as rule 3.8(9) by S.I. 2024/62 rule 4(c)(ii)
- rule 5.4(4)(5) inserted by S.I. 2024/62 rule 5(a)
- rule 15.9(a) words substituted by S.I. 2024/62 rule 7(f)(i)
- rule 15.9(b) inserted by S.I. 2024/62 rule 7(f)(iii)
- rule 15.9(c)-(e) rule 15.9(b)-(d) renumbered as rule 15.9(c)-(e) by S.I. 2024/62 rule 7(f)(ii)
- rule 18.8(2)(d)(e) inserted by S.I. 2024/62 rule 8(c)(ii)
- rule 33.53(5) inserted by S.I. 2024/62 rule 9(n)
- rule 44.3(1)(c) inserted by S.I. 2024/62 rule 10(c)
- rule 45.7(1)(a)(vi) inserted by S.I. 2024/62 rule 11(c)(iii)
- rule 45.7(6) inserted by S.I. 2024/62 rule 11(c)(vi)
- rule 47.24(c) word omitted by S.I. 2024/62 rule 12(l)(iii)
- rule 47.24(d)(e) substituted for rule 47.24(d) by S.I. 2024/62 rule 12(l)(iv)
- rule 47.4(f) word omitted by S.I. 2024/62 rule 12(a)(ii)
- rule 47.4(f) word substituted by S.I. 2024/62 rule 12(a)(i)
- rule 47.4(g) word substituted by S.I. 2024/62 rule 12(a)(iii)
- rule 47.4(h)(i) inserted by S.I. 2024/62 rule 12(a)(iv)
- rule 47.24(iii)(iv) inserted by S.I. 2024/62 rule 12(l)(ii)
- rule 47.9(1)(h)(i) inserted by S.I. 2024/62 rule 12(c)(ii)
- rule 47.20(2)(g) renumbered as rule 47.20(2)(f) by S.I. 2024/62 rule 12(k)(iiii)
- rule 47.13(2)(g) rule 47.13(2)(f) renumbered as rule 47.13(2)(g) by S.I. 2024/62 rule 12(g)(iv)
Introduction of written witness statement or other hearsayE+W
This section has no associated Explanatory Memorandum
48.11.—(1) Where rule 48.9 applies, an applicant or respondent who wants to introduce in evidence the written statement of a witness, or other hearsay, must—
(a)serve a copy of the statement, or notice of other hearsay, on—
(i)the court officer, and
(ii)the other party; and
(b)serve the copy or notice—
(i)when serving the application under rule 48.9, in the case of an applicant, or
(ii)not more than 5 business days after service of that application or of the court’s written statement, in the case of the respondent.
(2) Such service is notice of that party’s intention to introduce in evidence that written witness statement, or other hearsay, unless that party otherwise indicates when serving it.
(3) A party entitled to receive such notice may waive that entitlement.
[Note. On an application under rule 48.9, hearsay evidence is admissible under the Civil Evidence Act 1995. Section 1(2) of the 1995 Act(1) defines hearsay as meaning ‘a statement made otherwise than by a person while giving oral evidence in the proceedings which is tendered as evidence of the matters stated’. Section 13 of the Act(2) defines a statement as meaning ‘any representation of fact or opinion, however made’.
Under section 2 of the 1995 Act(3), a party who wants to introduce hearsay in evidence must give reasonable and practicable notice, in accordance with procedure rules, unless the recipient waives that requirement.]
Commencement Information
I1Rule 48.11 in force at 5.10.2020, see Preamble
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