Rules of Evidence

Hearsay - Exceptions

Business records

Under section 69, the records of a business are considered generally to be reliable as they have to be in order to be of use to the business. They are therefore admissible even where there is no-one to testify to their content.

 

This exception applies only where the representation in the document in evidence was made, or recorded, in the normal course of business. It does not have to be a record held by the business itself, but it could be held by any other person or organisation for business purposes. It has to be made by a person who had knowledge of the fact, or based on information supplied by a person who might reasonably be supposed to have such knowledge...

 

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Tags, Labels and Writing on Objects or Documents

Section 70 addresses the content of tags, labels and writing. Such are admissible in evidence where they are created in the course of business...

 

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Electronic Communications

Under section 71, electronic communications in so much as they represent the identity of the sender, the date and time of sending or the recipient or address are exempted from the hearsay rule. This is not limited to email or fax or any other mode of communication.

 

Reputation as to Age and Relationships

Hearsay evidence can be admitted where it relates to the following:

  • A person’s age,

  • Whether a person was married at a particular time,

  • Whether a man and woman cohabiting at a certain time were married,...

     

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