1995英国民事证据法.doc

Civil Evidence Act 1995 (c. 38)
1995年英国民事证据法
An Act to provide for the admissibility of hearsay evidence, the proof of certain documentary evidence and the admissibility and proof of official actuarial tables in civil proceedings; and for connected purposes.
 
[8th November 1995]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, mons, in this present Parliament assembled, and by the authority of the same, as follows:—
 
Admissibility of hearsay evidence
Admissibility of hearsay evidence.
1.—(1) In civil proceedings evidence shall not be excluded on the ground that it is hearsay.
(2) In this Act—
 (a) "hearsay" means a statement made otherwise than by a person while giving oral evidence in the proceedings which is tendered as evidence of the matters stated; and
 (b) references to hearsay include hearsay of whatever degree.
    (3) Nothing in this Act affects the admissibility of evidence admissible apart from this section.
(4) The provisions of sections 2 to 6 (safeguards and supplementary provisions relating to hearsay evidence) do not apply in relation to hearsay evidence admissible apart from this section, notwithstanding that it may also be admissible by virtue of this section.
 
Safeguards in relation to hearsay evidence
Notice of proposal to adduce hearsay evidence.
2.—(1) A party proposing to adduce hearsay evidence in civil proceedings shall, subject to the following provisions of this section, give to the other party or parties to the proceedings—
 (a) such notice (if any) of that fact, and
 (b) on request, such particulars of or relating to the evidence,
as is reasonable and practicable in the circumstances for the purpose of enabling him or them to deal with any matters arising from its being hearsay.
    (2) Provision may be made by rules of court—
 (a) specifying classes of proceedings or evidence in relation to which subsection (1) does not apply, and