Hearsay
A statement made out of court that is put forward as evidence of the truth of what it says.
Definition
Hearsay evidence is a statement (written or oral) made outside court proceedings that a party seeks to put before the court as proof of the facts it asserts. In criminal proceedings, hearsay is generally inadmissible unless it falls within a statutory exception under the Criminal Justice Act 2003. In civil proceedings, hearsay is admissible under the Civil Evidence Act 1995, but the court can take account of the fact that the maker of the statement was not present to be cross-examined when deciding the weight to give it. Notice requirements must be followed: a party intending to rely on hearsay evidence in civil proceedings must give notice to the other parties under the Civil Evidence Act 1995, s.2 and CPR Part 33.
In practice
In small claims and other civil proceedings, written statements from people who cannot attend court (a witness letter, a doctor's report, a text message) are hearsay but are usually admitted. Give the other side notice that you intend to rely on hearsay and explain why the maker cannot attend. The court will assess the weight it deserves — fresh, contemporaneous hearsay from a credible source is more persuasive than reconstructed or second-hand accounts.