1995英国民事证据法.doc

CivilCivil EvidenceEvidence ActAct 19951995 (c.(c. 38)38) 19951995 年英国民事证据法年英国民事证据法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, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—AdmissibilityAdmissibility ofof hearsayhearsay evidenceevidenceAdmissibility of hearsay evidence. 1.1.—(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.SafeguardsSafeguards in in relationrelation toto hearsayhearsay evidenceevidenceNotice of proposal to adduce hearsay evidence. 2.2.—(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(b) as to the manner in which (including the time within which) the duties imposed by that subsection are to be complied with in the cases where it does apply.(3) Subsection (1) may also be excluded by agreement of the parties; and compliance with the duty to give notice may in any case be waived by the person to whom notice is required to be given.(4) A failure to comply with subsection (1), or with rules under subsection (2)(b), does not affect the admissibility of the evidence but may be taken into account by the court— (a) in considering the exercise of its powers with respect to the course of proceedings and costs, and(b) as a matter adversely affecting the weight to be given to the evidence in accordance with section 4.Power to call witness for cross-examination on hearsay statement. 3.3. Rules of court may provide that where a party to civil proceedings adduces hearsay evidence of a statement made by a person and does not call that person as a witness, any other party to the proceedings may, with the leave of the court, call that person as a witness and cross-examine him on the statement as if he had been called by the first-mentioned party and as if the hearsay statement were his evidence in chief.Considerations relevant to weighing of hearsay evidence. 4.4.—(1) In estimating the weight (if any) to be given to hearsay evidence in civil proceedings the court shall have regard to any circumstances from which any inference can reasonably be drawn as to the reliability or otherwise of the evidence.(2) Regard may be had, in particular, to the following— (a) whether it would have been reasonable and practicable for the party by whom the evidence was adduced to have produced the maker of the original statement as a witness;(b) whether the original statement was made contemporaneously with the occurrence or existence of the matters stated;(c) whether the evidence involves multiple hearsay;(d) whether any person involved had any motive to conceal or misrepresent matters;(e) whether the original statement was an edited account, or was made in collaboration with another or for a particular purpose;(f) whether the circumstances in which the evidence is adduced as hearsay are such as to suggest an attempt to prevent proper evaluation of its weight.SupplementarySupplementary provisionsprovisions asas toto hearsayhearsay evidenceevidenceCompetence and credibility. 5.5.—(1) Hearsay evidence shall not be admitted in civil proceedings if or to the extent that it is shown to consist of, or to be proved by means of, a statement made by a person who at the time he made the statement was not competent as a witness. For this purpose “not competent as a witness“ means suffering from such mental or physical infirmity, or lack of understanding, as would render a person incompetent as a witness in civil procee。