Evidence Act · 2014 Revised Edition · Chapter XII
170. Notice of proposal to adduce hearsay evidence
Official textFrom Attorney General's Chambers, unchanged
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 —
evidence
“evidence” includes — (a) all statements which the court permits or requires to be made before it by witnesses in relation to matters of fact under inquiry: such statements are called oral evidence; (b) all documents produced for the inspection of the court: such documents are called documentary evidence.
such notice (if any) of that fact; and
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.
Subsection (1) may 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.
A failure to comply with subsection (1) does not affect the admissibility of the evidence but may be taken into account by the court —
court
“court” includes all Judges and Magistrates and, except arbitrators, all persons legally authorised to take evidence;
in considering the exercise of its powers with respect to the course of proceedings and costs; and
as a matter adversely affecting the weight to be given to the evidence in accordance with section 172.
Terms defined in s 3
court
Defined · s 3“court” includes all Judges and Magistrates and, except arbitrators, all persons legally authorised to take evidence;
evidence
Defined · s 3“evidence” includes — (a) all statements which the court permits or requires to be made before it by witnesses in relation to matters of fact under inquiry: such statements are called oral evidence; (b) all documents produced for the inspection of the court: such documents are called documentary evidence.
fact
Defined · s 3“fact” means and includes — (a) anything, state of things or relation of things capable of being perceived by the senses; (b) any mental condition of which any person is conscious. Illustrations (a) That there are certain objects arranged in a certain order in a certain place is a fact. (b) That a man heard or saw something is a fact. (c) That a man said certain words is a fact. (d) That a man holds a certain opinion, has a certain intention, acts in good faith or fraudulently, or uses a particular word in a particular sense, or is or was at a specified time conscious of a particular sensation, is a fact. (e) That a man has a certain reputation is a fact. One fact is said to be relevant to another when the one is connected with the other in any of the ways referred to in the provisions of this Act relating to the relevancy of facts;