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We unite and inspire people and provide a cohesive voice for people who ride bikes in … Read More » about Mission and Vision. Service by Electronic Document Exchange, When Effective 10 Service of a document through an electronic document exchange is effective only if the electronic document exchange provides a record of service showing the date and time of service, as well as the information listed in subrule Service by Fax or email, When Effective 11 Service of a document by fax or email is effective on, a the date shown on the first page of the fax or in the email message, as the case may be; or b if the first page of the fax or the email message shows that the document was served after 4 p.
Special Service by leaving copy, when effective Special Service by leaving copy and mailing, when effective Exception, if effective date is a holiday Information to be included in record of service Information to be Included with Document Served by email Same, Notice Document That was not seen on effective date 20 The court may, on motion, lengthen a time, set aside the consequences of failing to take a step by a specified time, order an adjournment, or make any other order that is just, if, despite service of a document having been effected on a person in accordance with this rule, the person shows that the document, a did not come to his or her notice; or b came to his or her notice only after the effective date of service.
A child protection case. Restriction on adding child as a party 5. Additional parties in certain child support cases 5. In a motion to change an order made under section of the Child, Youth and Family Services Act, , i.
Revoked : O. When Required to proceed by motion 1. Change to FINAL order or agreement 2 Subject to subrule 25 19 changing order — fraud, mistake, lack of notice , a party who wants to ask the court to change a final order or an agreement for support filed under section 35 of the Family Law Act may do so only by a motion under rule 15 if permitted to do so by that rule. Exception 2. Claim relating to decision-making responsibility, parenting time or contact 3.
Claim relating to Family Arbitration 3. The Minister of Community and Social Services. The Director of the Family Responsibility Office. The Public Guardian and Trustee. Serving openness applications 8.
RULE 8. EXCEPTION 2 Subrules 4 to 7 do not apply to, a a person or agency referred to in subsection 33 3 of the Family Law Act ; b the Director of the Family Responsibility Office; c parties in cases that are proceeding on consent; d parties in cases in which the only claims made are for a divorce, costs or the incorporation of the terms of an agreement or prior court order; d.
CONTENT OF PROGRAM 3 The program referred to in this rule shall provide parties to cases referred to in subrule 1 with information about separation and the legal process, and may include information on topics such as, a the options available for resolving differences, including alternatives to going to court; b the impact the separation of parents has on children; and c resources available to deal with problems arising from separation. NO OTHER STEPS 7 A party shall not take any step in the case before his or her certificate of attendance is filed, except that a respondent may serve and file an answer and a party may make an appointment for a case conference.
EXCEPTION 8 The court may, on motion, order that any or all of subrules 4 to 7 do not apply to the party because of urgency or hardship or for some other reason in the interest of justice. WRITTEN REASONS FOR ORDER 17 If the court gives written reasons for making an order, a they may be endorsed by hand on an endorsement sheet, or the endorsement may be a short note on the endorsement sheet saying that written reasons are being given separately; b the clerk shall add a copy of the reasons to the endorsements section of the record; and c the clerk shall send a copy to the parties by mail, fax or email.
APPEAL 19 If a final order is appealed, only the notice of appeal and any order of the appeal court and no other appeal document shall be added to the record. Cases started before January 1, 22 Despite this rule, if a case was started before January 1, , the version of this rule that applied to the case on December 31, as its application may have been modified by the court continues, subject to subrule 23 , to apply to the case unless the court orders otherwise.
Exception, cases started before january 1, 23 If a motion to change a final order is made on or after January 1, in respect of a case started before that date, this rule shall apply to the motion and to all documents filed afterwards. Claim relating to decision-making responsibility, parenting time or contact 4. No Answer 5 The consequences set out in paragraphs 1 to 4 of subrule 1 8.
REPLY 6 A party may, within 10 days after being served with an answer, serve and file a reply Form 10A in response to a claim made in the answer. FORM Exception, family arbitration claim 1. Additional Required Financial Disclosure, support claim 3. If the party became unemployed within the last three years, i. Timing of Requirement 3. Giving of Information Before Case Conference 3.
If the party had an interest in a sole proprietorship or was self-employed on the valuation date, for each of the three years preceding that date, i. If the party was a partner in a partnership on the valuation date, a copy of the partnership agreement and, for each of the three years preceding the valuation date, i.
If the corporation in which a party had an interest was privately held, for each of the three years preceding the valuation date, i. Financial statement with motion to change temporary support order 4 Subject to subrule 1. Financial Statement Required by response 4. Additional Required Financial Disclosure, Motion to change support 5. The documents referred to in subrule 3. A current statement of arrears from the Family Responsibility Office.
Requirement to Certify financial disclosure 5. Requirements for filing 7 The clerk shall not accept the financial statement of a party making or responding to a claim for support unless the following are attached to the form: 1.
For each of the three previous taxation years, A. Documents that are not required to be filed 7. No Financial Disclosure by consent - spousal support in divorce 8 Parties to a claim for spousal support under the Divorce Act Canada do not need to serve and file financial statements or provide additional financial disclosure under this rule if they file a consent, a agreeing to not serve and file financial statements or provide additional financial disclosure under this rule; or b agreeing to a specified amount of support, or to no support.
Documents not to be filed without financial statement 10 The clerk shall not accept a document for filing without a financial statement if these rules require the document to be filed with a financial statement.
Same Updating Financial Information 12 Before a case conference, settlement conference, motion or trial, a party shall update their financial information by serving and filing the document specified in subrule Document to be provided If the information in the last statement has changed, the following document: i.
If the changes are only minor, an affidavit with details of the changes. In any other case, a new financial statement. Timing Requirement For a case conference or settlement conference, i. For a motion, i. Updating Certificate of financial disclosure Net Family Property Statement 14 Before a settlement conference or trial, each party to a property claim under Part I of the Family Law Act shall, no later than the time specified in subrule Same, Timing Requirement Exception, family arbitration claim Comparison of Net Family Properties, Joint Comparison of Net Family Properties, Separate Duty to Correct, update documents 15 As soon as a party discovers that a document that he or she has served under this rule is incorrect, incomplete or out of date, the party shall serve on the other party and, if applicable, file, a corrected, updated or new document, as the circumstances require.
Duty to address omissions in Financial Disclosure 16 As soon as a party discovers that he or she failed to serve a document required to be served under subrule 3. Order, if document not provided 17 If a party has not served or filed a document in accordance with the requirements of this rule or an Act or regulation, the court may on motion order the party to serve or file the document and, if the court makes that order, it shall also order the party to pay costs.
Other obligations continue to apply 18 The duty to provide information under this rule does not affect any other duty set out in any other Act or regulation for the party to provide information to the other party in relation to a claim to which this rule applies.
A temporary order for a claim made in an application. Directions on how to carry on the case. PARTIES TO MOTION 3 A person who is affected by a motion is also a party, for purposes of the motion only, but this does not apply to a child affected by a motion relating to decision-making responsibility, parenting time, contact, child protection, adoption or child support. OTHER MOTIONS 6 Subrule 4 does not apply to a motion, a to change a temporary order under subrule 25 19 fraud, mistake, lack of notice ; b for a contempt order under rule 31 or an order striking out a document under subrule 22 ; c for summary judgment under rule 16; d to require the Director of the Family Responsibility Office to refrain from suspending a licence; e to limit or stay a support order, the enforcement of arrears under a support order, or an alternative payment order under the Family Responsibility and Support Arrears Enforcement Act, ; e.
MOTION WITH NOTICE 11 A party making a motion with notice shall, a serve the documents mentioned in subrule 9 or 10 on all other parties, not later than six days before the motion date; b file the documents as soon as possible after service, but not later than four days before the motion date; c confer or attempt to confer orally or in writing with every other party about the issues that are in dispute in the motion, subject to a party being prohibited from such communication by court order; d before giving the clerk confirmation of the motion in Form 14C under clause e , give a copy of the confirmation of motion to every other party using mail, fax, email or any other method, except in a child protection case; and e not later than 2 p.
Response to notice of motion An affidavit or other admissible evidence in writing. No other evidence may be used. Motion relating to Family Arbitration 24 A party who wishes to make a claim under the Arbitration Act, or the Family Law Act relating to a family arbitration, family arbitration agreement or family arbitration award that must or may be commenced by way of a motion may do so under this rule, even if the order being sought is a final order and, for the purpose, this rule applies with the following and any other necessary changes: 1.
In addition to the documents referred to in subrule 9 or 10 , the motion also requires, i. Application 2 Subject to subrule 3 , this rule only applies to a motion to change, a a final order; or b an agreement for support filed under section 35 of the Family Law Act. Same, Notice of Recalculation 2. Exception 3 This rule does not apply to a motion or application to change an order made under the Child, Youth and Family Services Act, , other than a final order made under section of that Act.
Place of Motion 4 Rule 5 where a case starts applies to a motion to change a final order or agreement as if the motion were a new case.
Motion to Change 5 Subject to subrules 17 and 18 , a party who wants to ask the court to change a final order or agreement shall serve and file a motion to change Form 15 , with all required attachments. Claim relating to decision-making responsibility, parenting time or contact 5. Special Service 7 The documents referred to in subrules 5 , 5. Exception 8 Despite subrule 7 , service on the persons mentioned in subrule 8 6 officials, agencies, etc.
Service on Family Responsibility Office Required 8. Response or Consent to Motion 9 The following rules apply to a party who is served with a motion to change a final order or agreement: 1. If the party agrees to the change or if the parties agree to a different change, the party shall complete the applicable portions of the consent motion to change Form 15C and shall, within the time set out in clause 10 a or b , as the case may be, i.
Same 10 The documents referred to in paragraphs 1 and 2 of subrule 9 shall be served and filed or returned and provided, a no later than 30 days after the party responding to the motion receives the motion to change and the supporting documents, if that party resides in Canada or the United States of America; or b no later than 60 days after the party responding to the motion receives the motion to change and the supporting documents, in any other case.
Service on Assignee Required 11 In a motion to change a final order or agreement that has been assigned to an assignee, a party shall, in serving documents under subrule 5 or paragraph 1 of subrule 9 , serve the documents on the assignee as if the assignee were also a party. Assignee may become party 12 On serving and filing a notice claiming a financial interest in the motion, an assignee becomes a respondent to the extent of the financial interest.
Sanctions if assignee not served 13 If an assignee is not served as required by subrule 11 , the following rules apply: 1.
No Response or Consent 14 The consequences set out in paragraphs 1 to 4 of subrule 1 8. Consent to Motion 16 If a party returns to the party making the motion a consent motion to change Form 15C in accordance with subparagraph 2 i of subrule 9 , the party making the motion shall complete and file the consent motion to change and, unless any assignee refuses to consent to the change being requested, the party making the motion shall file with the consent motion to change, a a motion form Form 14B asking that the court make the order described in the consent motion to change; b five copies of a draft order; c a stamped envelope addressed to each party and to the assignee, if any; and d if the order that is agreed on relates in whole or in part to a support obligation, i a support deduction order information form prescribed under the Family Responsibility and Support Arrears Enforcement Act, , and ii a draft support deduction order.
Motion to Change on Consent 17 Subject to subrule 18 , if the parties to a final order or agreement want to ask the court to change the final order or agreement and the parties and any assignee agree to the change, the parties shall file, a a consent motion to change Form 15C , with all required attachments; b Revoked : O.
Motion to Change on Consent — Child Support Only 18 If the parties to a final order or agreement want to ask the court to change the final order or agreement in relation only to a child support obligation, and the parties and any assignee agree to the change, the parties shall file, a a consent motion to change child support Form 15D , with all required attachments; b five copies of a draft order; c a stamped envelope addressed to each party and to the assignee, if any; d a support deduction order information form prescribed under the Family Responsibility and Support Arrears Enforcement Act, ; and e a draft support deduction order.
Consent After Response Filed 19 If, at any time after a party has served and filed a response under paragraph 1 of subrule 9 and before the motion to change is heard, the parties and any assignee agree to an order that changes the final order or agreement that is the subject of the motion, the parties may proceed on consent by filing, a a consent motion to change Form 15C ; b a motion form Form 14B asking that the court make the order described in the consent motion to change; c five copies of a draft order; d a stamped envelope addressed to each party and to the assignee, if any; and e if the order that is agreed on relates in whole or in part to a support obligation, i a support deduction order information form prescribed under the Family Responsibility and Support Arrears Enforcement Act, , and ii a draft support deduction order.
Order, Agreement to be attached 20 A copy of any existing order or agreement that deals with decision-making responsibility, parenting time, contact or support shall be attached to every motion to change Form 15 , consent motion to change Form 15C or consent motion to change child support Form 15D.
Change not In accordance with child support guidelines 21 Unless a motion to change a child support order or agreement is proceeding on the consent of the parties and any assignee, if a party asks that an order be made under this rule that is not in accordance with the tables in the applicable child support guidelines, the support recipient and the support payor shall each serve and file the evidence required by the following sections of the applicable child support guidelines, or the evidence that is otherwise necessary to satisfy the court that it should make the order asked for: 1.
Section 5 spouse in place of a parent. Section 7 special expenses. Section 8 split parenting time. Section 9 shared parenting time. Section 10 undue hardship. Affidavit may be Filed 22 A party who wants to ask the court to change a final order or agreement other than on the consent of the parties may, instead of completing Parts C and D of the motion to change Form 15 , use an affidavit containing evidence necessary to satisfy the court that it should make the order asked for and, in that case, the affidavit is deemed to be part of the motion to change.
Same 23 A party who responds to a motion to change a final order or agreement by serving and filing a response to motion to change Form 15B may use an affidavit to provide evidence supporting his or her position instead of completing Parts C and D of the form or in addition to those Parts of the form and, in that case, the affidavit is deemed to be part of the form. Requirements for affidavit 24 Subrules 14 18 and 19 apply with necessary changes to an affidavit provided in accordance with subrule 22 or Powers of court — motion on consent or Unopposed 25 If a motion to change a final order or agreement proceeds on the consent of the parties and any assignee or is unopposed, the clerk shall present the filed materials to a judge and the judge may, a make the order asked for; b require one or both parties to file further material; or c require one or both parties to come to court.
Powers of Court — Directions 26 If the court is of the opinion that a motion, whether proceeding on consent or not, cannot be properly dealt with because of the material filed, because of the matters in dispute or for any other reason, the court may give directions, including directions for a trial.
Application of Subrule 14 21 27 Subrule 14 21 applies with necessary changes to a motion to change a final order or agreement. Motion under Rule 14 28 A motion under rule 14 may be made on a motion to change a final order or agreement. Access to Listed Documents 29 Subrule 19 2 access to listed documents applies with necessary changes to a document mentioned in a form or affidavit used under this rule.
DIVORCE CLAIM 3 In a case that includes a divorce claim, the procedure provided in rule 36 divorce for an uncontested divorce may be used, or the divorce claim may be split from the rest of the case under subrule 12 6. No Genuine Issue for Trial 6 If there is no genuine issue requiring a trial of a claim or defence, the court shall make a final order accordingly. Powers 6. Weighing the evidence. Evaluating the credibility of a deponent. Oral Evidence Mini-trial 6.
MOTION FOR SUMMARY DECISION ON LEGAL ISSUE 12 The court may, on motion, a decide a question of law before trial, if the decision may dispose of all or part of the case, substantially shorten the trial or save substantial costs; b strike out an application, answer or reply because it sets out no reasonable claim or defence in law; or c dismiss or suspend a case because, i the court has no jurisdiction over it, ii a party has no legal capacity to carry on the case, iii there is another case going on between the same parties about the same matter, or iv the case is a waste of time, a nuisance or an abuse of the court process.
Motions to change final order or agreement 3 Subrule 1 applies, with necessary changes, to a motion to change a final order or agreement under rule 15, unless the motion is proceeding on the consent of the parties and any assignee or is unopposed. Combined case and settlement Conference Following Dispute Resolution 7. Same 7. Conferences with a non-judge 9 A case conference or settlement conference may be conducted by a person referred to in subrule 9.
Same 9. A person who was licensed under the Law Society Act to practice law in Ontario as a barrister and solicitor but who has since retired, if, at the time of retirement, i. A master or retired master of the Superior Court of Justice. Same, Exceptional Circumstances Same, exceptions A case to be scheduled for an uncontested trial. A case referred to in subrule In an enforcement.
Parties to Serve Documents For Conference 13 Each party shall, within the times required under subrule For a case conference, a case conference brief Form 17A or 17B. For a trial management conference held in the Superior Court of Justice or the Family Court of the Superior Court of Justice, the following documents, subject to paragraph 5: i. An offer to settle all outstanding claims in the case. Requirement to bring documents to settlement conference The parties, unless the court orders otherwise.
Costs 18 Costs shall not be awarded at a conference unless a party to the conference was not prepared, did not serve the required documents, did not make any required disclosure, otherwise contributed to the conference being unproductive or otherwise did not follow these rules, in which case the judge shall, despite subrule 24 10 , a order the party to pay the costs of the conference immediately; b decide the amount of the costs; and c give any directions that are needed.
Costs may be awarded later The offer is not accepted. Exceptions 1. Failure to Follow Rule 19 or Obey Order 10 If a party does not follow this rule or obey an order made under this rule, the court may, in addition to any power to make an order under subrule 1 8 or 8. The information is not easily available by any other method. The date and time for the questioning.
The person responsible for recording the questioning. The method for recording the questioning. Expert Witness reports 2 A party who wishes to call a litigation expert as a witness at trial shall, at least six days before the settlement conference, serve on all other parties and file a report signed by the expert and containing, at a minimum, the following: 1. The instructions provided to the expert in relation to the case.
Same, more than one party 3 If two or more parties wish to call a joint litigation expert as a witness at trial, subrule 2 applies with necessary modifications.
Supplementary Report 4 Any supplementary report by a litigation expert must be signed by the expert, and shall be served on all other parties and filed, a at least 30 days before the start of the trial; or b in a child protection case, at least 14 days before the start of the trial. Documents to Accompany Report 5 The following documents shall accompany a report when it is served on a party under subrule 2 , 3 or 4 , unless the documents have already been served on the party: 1.
Restriction on Testimony 6 Unless a judge orders otherwise, a litigation expert may not testify about an issue at trial unless the substance of the testimony is set out in a report that meets the requirements of this rule. Cross-examination 7 A joint litigation expert may be cross-examined at trial by any party. When Joint Litigation Expert Required 8 Litigation expert opinion evidence concerning the following matters may only be presented by a joint litigation expert: 1. Motion for Directions 9 If parties who wish or are required to engage a joint litigation expert do not agree on a matter relating to the engagement, any one of them may make a motion for directions.
Order re joint Litigation expert 10 The court may, on motion under subrule 9 or otherwise, make an order engaging a joint litigation expert for two or more parties. Same 11 In making an order under subrule 10 , the court shall ensure that the matters listed in subrule Application to motions for temporary orders or for summary judgment 15 Unless the court orders otherwise, this rule applies, with the following modifications, to the use of expert opinion evidence on a motion for a temporary order under rule 14 or a motion for summary judgment under rule 1.
Any other necessary modifications. Additional orders 5 In making an order under subrule 1 , the court may make any further order it considers necessary to enable the expert to carry out the specified instructions, including, a an order for the inspection of property; or b an order under section of the Courts of Justice Act physical or mental examination of a person , if the requirements of that section are met.
See Penalties above for more information. More In File. All your foreign financial accounts are jointly-owned with your spouse and: You completed and signed FinCEN Form a authorizing your spouse to file on your behalf, and your spouse reports the jointly-owned accounts on a timely-filed, signed FBAR.
Keeping Records You must keep records for each account you must report on an FBAR that establish: Name on the account, Account number, Name and address of the foreign bank, Type of account, and Maximum value during the year. You must keep these records for five years from the due date of the FBAR.
Current maximums are as follows: U. Contact us. In exercising the discretion under section 1 d the court must have regard to the following and any others it considers relevant :. Section 1 d should not be used simply as a means of circumventing the requirements of the other exceptions. There should be a hierarchical approach to using section 1 d and it should not be invoked until all other gateways have been considered EED v R [] EWCA Crim However, in R v Xhabri [] 1 Cr.
Multiple hearsay refers to the situation where information is relayed through more than one person before it is recorded, i. Under section CJA Criminal Justice Act a hearsay statement is not admissible to prove the fact that an earlier hearsay statement was made unless The wording of section 1 c "the interests of justice require This is because multiple hearsay is more likely to be unreliable.
However, there may be circumstances where it can be reliable. Copies of documents admitted under Section or Section , which are exhibited, should not normally go out with the jury unless the court considers it appropriate or all parties agree: Section The witness making any statement which is admissible by reason of Sections ,, or must have the capability to make the statement, i.
Where the capability of the maker of the statement is challenged the issue must be resolved by hearing evidence in the absence of a jury if there is one and expert evidence is admissible. The burden of proof is on the party wishing to use the evidence and is on the balance of probabilities section 4 CJA. Section allows a party against whom hearsay evidence has been admitted to challenge the credibility of the person who made the hearsay statement.
This can be done by adducing any of the following:. This ability to challenge the credibility of a person who cannot be challenged by cross-examination because they do not give evidence as a witness was said by the Supreme Court in R v Horncastle [] 2 AC to be one of the battery of measures which safeguard against an unfair trial, thereby rendering any "sole and decisive" rule against hearsay unnecessary.
This provision specifically applies only to jury trials. In non-jury trials the judge or magistrates would be bound to acquit in these circumstances in any event. The court may refuse to admit hearsay evidence under section CJA if it is satisfied that the statement will result in undue waste of time which outweighs any benefit to be gained from admitting it. This provision applies to both prosecution and defence evidence. It is in addition to and does not revoke any other statutory or common law powers to exclude evidence.
Section allows an expert to rely on a statement prepared by another person and refer to it in their evidence. The exception is subject to the following requirements:. Where an expert gives evidence using the statement of the other person in accordance with this section then the statement of that other person becomes evidence of its contents. A party may apply to the court to exclude the statement and thereby require that the maker is called if it is to be relied upon by the expert in the interests of justice.
A non-exhaustive list of considerations for the court is set out at section 5. This enables a defendant to introduce a confession made by a co-defendant subject to his proving on the balance of probabilities that the confession was not made by oppression or in circumstances likely to render it unreliable. A statement made by a machine e. There is a presumption that a mechanical device has been properly set or calibrated: section 2.
The Criminal Appeal Act is amended by Section , so that if evidence was given orally in a trial it must be given orally at any retrial, unless all parties agree, or a witness is unavailable in accordance with Section , or unavailable for other reasons and the court admits it under Section 1 d.
The Criminal Justice Act moves away from the strict common law rule against the admission of hearsay evidence in criminal proceedings. The current law is more flexible and promotes the inclusion of relevant hearsay evidence, on the basis that justice is not served if important information is excluded for no good reason. The weight to be attached to hearsay evidence is a matter for the jury or magistrates. Article 6 3 d of the European Convention on Human Rights states that a person charged with a criminal offence has a right "to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him".
However, as decided by the Supreme Court in the case of Horncastle the safeguards built into existing English law including those enacted in the CJA itself are adequate to ensure that a defendant has a fair trial.
However, such cases must be subject to "the most searching scrutiny. The safeguards contained in the Criminal Justice Act , supported by those in section 78 of the Police and Criminal Evidence Act and the common law are in principle strong safeguards designed to ensure fairness.
If trial courts apply these properly and have regard to this Grand Chamber judgment and the decision of the Supreme Court in Horncastle, trials will be fair. Prosecutors should consider hearsay evidence and the potential for admitting it at every review of the evidence. The MG3 should identify hearsay evidence and any risks to admissibility, as part of the evidential stage of the Full Code Test in the Code for Crown Prosecutors.
Cases involving vulnerable and intimidated witnesses may well be charged on the basis of a threshold test, but special measures and hearsay must be dealt with at the full review.
Prosecutors should still consider whether the hearsay evidence in a statement is necessary. For example the hearsay evidence in a medical statement may not need to be adduced if the injured party is going to give evidence.
The purpose of the medical report is usually to confirm the injury, not what was said to the doctor. A properly edited statement may be admitted by agreement pursuant to Section 9 Criminal Justice Act Agreement to reading a written statement under section 9 CJA does not mean that any hearsay in the statement is agreed as admissible.
The effect of section 9 is to render the statement admissible only to the like extent that oral evidence would have been admissible and if the oral evidence would have been hearsay and not admissible under any of the exceptions then it is equally inadmissible in its written form. Where a section 9 statement contains inadmissible hearsay the solution is to agree to editing of the statement.
The objection to the hearsay does not warrant insisting that the witness be called because exactly the same issue will need to be determined in respect of their live evidence. If it is not accepted that the statement contains inadmissible hearsay then consideration should be given to seeking a pre-trial binding ruling on the question.
Where evidence is admitted as hearsay, the court will have to consider what weight is to be given to the evidence and any jury will be directed to take account of the fact that the witness' evidence cannot be challenged by cross examination. Consideration of hearsay may arise at various stages of the proceedings. Witnesses may become unavailable unexpectedly or a special measures application may be refused. Prosecutors should keep issues of hearsay under continual review and comply with the notice requirements wherever possible.
See Part 20 of the Criminal Procedure Rules for the correct procedure. Forms for use can be accessed on the Criminal Procedure Rules Forms page where written notice of application to adduce hearsay evidence is required.
These are:. Most of the hearsay provisions apply equally to the defence and the prosecution, with the added safeguard for the defendant that any matters requiring proof must be proved to the criminal standard by the prosecution and on a balance of probabilities by the defence. Statements in documents can be proved by producing the original document or an authenticated copy of it: Section
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