Part 2Admissibility rules, privilege, and confidentiality
Defendants’ statements, improperly obtained evidence, silence of parties in proceedings, and admissions in civil proceedings
34Admissions in civil proceedings
Subpart 1 (hearsay evidence), subpart 2 (opinion evidence and expert evidence), and section 35 (the previous consistent statements rule) do not apply to evidence of an admission offered in a civil proceeding that is—
- given orally by a person who saw, heard, or otherwise perceived the admission being made; or
- contained in a document.
Evidence of an admission that is a hearsay statement may not be used in respect of the case of a third party unless—
- the circumstances relating to the making of the admission provide reasonable assurance that the admission is reliable; or
- the third party consents.
In this section, third party means a party to the proceeding concerned, other than the party who—
- made the admission; or
- offered the evidence.


