Table of Contents


1. INTRODUCTION

2. DEFECTS OF THE PRESENT LAW

Injustice
Effect on witnesses
Complexity
Not a rule for the best evidence

Weaknesses of hearsay evidence

Should the hearsay rule be abolished?
The Commission’s approach
The need for realism

General nature
The main gateway
(a) What classes of hearsay will be admissible?
(b) When is hearsay evidence admissible?
Admissions and like statements
Business records
Other gateways
Discretionary admission
Other recommendations

Differences between civil and criminal cases
Preservation of traditional trial procedure