Rules of Evidence

Hearsay

 

 

 

 

 

 

 

Evidence that is not presented by its original source is generally inadmissible as hearsay. The general rule in Section 59 is that one person cannot assert a fact that they were told by someone else. The fact alleged as hearsay, even if stated to the court, remains outside the court’s reach. This applies to documents also, so that the content can only be considered by the court if the author themselves testifies as to what it says. There are, however, a great many exceptions which need to be understood.

 

 

 

 

Written by Andrew Pingree. All copyright, 2014-2016 vests in Civilaco Pty Ltd.

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