--(1) Any party who wishes to give hearsay evidence which is admissible only by virtue of section 37, 39 or 40 of the Act must serve on every other party a hearsay notice.
--(2) A hearsay notice must be served not later than the time by which witness statements are to be served or, if there are no such statements, not less than 42 days before the hearing at which the party wishes such evidence to be given unless the court gives permission.
--(3) A hearsay notice is not required where-
----(a) a party to a probate action wishes to give a statement in evidence alleged to have been made by the deceased person whose estate is the subject of the action; or
----(b) hearsay evidence is included in an affidavit for use in interlocutory proceedings .
(Part 31 deals with affidavit evidence)
Notes
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