--(1) party on whom a hearsay notice has been served may serve a counter-notice requiring the server of the notice to call any person named in the counter-notice as a witness.
--(2) The counter-notice must be served within 21 days of service of the hearsay notice.
--(3) If there is a statement in the hearsay notice that the person named in the counter-notice cannot or should not attend for a specified reason, the counter-notice must state why that person should be required to attend.
--(4) No counter-notice may be served where there is a statement in the hearsay notice that one of the reasons in rule 30.6 applies.
--(5) The party served with the counter-notice may, however, apply to the court for directions as to the admissibility of the statement.
--(6) Where a counter-notice is served no statement made by any person named in the counter-notice shall be admissible unless the server of the hearsay notice-
----(a) calls the person named; or
----(b) applies to the court for directions as to the admissibility of the statement.
--(7) Any application to the court under paragraph (5) or (6) must be made at a pre-trial review wherever practicable.
--(8) No application may be made at the trial or hearing at which the statement is, or is not, to be admitted unless the applicant can show that the application could not have been made earlier.
Notes
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