Objections to tender of hearsay evidence in civil proceedings if maker available
68 Objections to tender of hearsay evidence in civil proceedings if maker available
In a civil proceeding, if the notice discloses that it is not intended to call the person who made the previous representation concerned because it:
would cause undue expense or undue delay; or
would not be reasonably practicable;
a party may, not later than 21 days after notice has been given, object to the tender of the evidence, or of a specified part of the evidence.
The objection is to be made by giving to each other party a written notice setting out the grounds on which the objection is made.
The court may, on the application of a party, determine the objection at or before the hearing.
If the objection is unreasonable, the court may order that, in any event, the party objecting is to bear the costs (ascertained on a solicitor and client basis) incurred by another party:
in relation to the objection; and
in calling the person who made the representation to give evidence.
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