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Evidence

Evidence (10th edn)

Roderick Munday
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date: 03 October 2022

p. 3489. The rule against hearsaylocked

p. 3489. The rule against hearsaylocked

  • Roderick MundayRoderick MundayBencher of Lincoln’s Inn Fellow Emeritus of Peterhouse, Cambridge Reader Emeritus in Law, University of Cambridge

Abstract

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. The rule against hearsay is one of the great exclusionary rules of the law of evidence. The underlying idea seems sound enough. In a system that places a premium on orality, with witnesses delivering their testimony in person, it is an understandable corollary that witness A should be forbidden from giving testimony on behalf of witness B. This chapter discusses the following: the rationale underlying a rule against hearsay; the hearsay rule in criminal cases, and its exceptions; and the hearsay rule in civil proceedings.

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