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Words: 2,500 | Submitted: Tue Apr 28 2009
... in the proceedings.' Reliance on a statement made otherwise than while giving evidence to prove the truth of a fact asserted remains hearsay. 2. The general rule is that such a statement is inadmissible as evidence of the truth of the facts stated. 1 3. The rule applies: o to both examination in chief and cross-examination; o whether the statement was made by the witness personally or by some other person; o to any `out of court' statement, whether oral, written or otherwise; o to statements given as evidence of the truth of its contents - if the statement is given for any purpose which is relevant to the facts in issue in the case, it is admissible, for example, evidence given as to a person's state of mind, rather than what was actually said. Reasons for the Rule 4. The rule was originally intended to ensure that evidence that might ...
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