PART 48CONTEMPT OF COURT
CONTEMPT OF COURT BY FAILURE TO COMPLY WITH COURT ORDER, ETC.
Introduction of written witness statement or other hearsayI148.11
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 Act1222 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 Act1223 defines a statement as meaning ‘any representation of fact or opinion, however made’.
Under section 2 of the 1995 Act1224, 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.]