Jurisdiction(s):
United Kingdom

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Key definition

hearsay evidence definition

What does hearsay evidence mean? Hearsay evidence is any oral, written or recorded statement made outside the proceedings that a party asks the court to accept as proof of the truth of what is stated, where the maker is not giving that evidence in court. It commonly arises through documents, emails, business records, transcripts or reports, and carries distinct rules on admissibility and weight. In England and Wales, civil hearsay is admissible subject to the Civil Evidence Act 1995 and procedural requirements in the Civil Procedure Rules, including the definition in CPR r 33.1 and notice/weight provisions in Part 33. In criminal cases, admissibility is governed...

Hearsay and similar fact evidence in civil proceedings: admissibility, notices, exceptions, cross-examination and weight under CPR Part 33 and CEA 1995 (England and Wales)

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Practice notes

This Practice Note outlines hearsay evidence—its meaning, use, and the Rules for particular types of documents, including those exempt from the hearsay rule. It sets out the notice procedure where a party intends to rely on hearsay, and the steps to take if served with a hearsay notice under Rule 33.2 of the CPR. It also considers the court’s approach to hearsay, the weight it may carry, and the extent to which Cross-examination is permitted under Rule 33.4. The question of admitting similar fact evidence at trial is also addressed

What is hearsay evidence?

A hearsay statement is ‘a statement made otherwise than by a person while giving oral evidence in proceedings which is tendered as evidence of the matters stated’, as defined in CEA 1995, s 1(2) and CPR 33.1.

A gives evidence by witness statement instead of attending trial to speak to it orally, thereby depriving the other parties of the opportunity to cross-examine.
A gives evidence of what B told A that C had told B. In this case:
- A can give evidence of what B told A...

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Web page updated on 21/05/2026

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