Evidence Act 2006

Admissibility rules, privilege, and confidentiality - Defendants’ statements, improperly obtained evidence, silence of parties in proceedings, and admissions in civil proceedings

34: Admissions in civil proceedings

You could also call this:

"What people say or write can be used as evidence in a civil court case"

Illustration for Evidence Act 2006

When you are in a civil court case, some rules about evidence do not apply to admissions. You can give evidence of an admission if you heard it or saw it being made, or if it is written in a document. This is because the rules about hearsay evidence, opinion evidence and expert evidence, and the previous consistent statements rule do not apply to these admissions.

If someone says something and you want to use that against someone else in court, you need to make sure it is reliable or the other person agrees to it. You can use the admission against the person who made it, but using it against someone else is different. The other person is called a third party, which means they are part of the court case but did not make the admission.

When the court talks about a third party, it means someone who is involved in the case but did not make the admission and is not the one giving the evidence. This can be important because the rules about using admissions as evidence are different for the person who made the admission and for other people involved in the case. You need to understand who is a third party so you know how the rules apply.

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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

  1. 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—

  2. given orally by a person who saw, heard, or otherwise perceived the admission being made; or
    1. contained in a document.
      1. Evidence of an admission that is a hearsay statement may not be used in respect of the case of a third party unless—

      2. the circumstances relating to the making of the admission provide reasonable assurance that the admission is reliable; or
        1. the third party consents.
          1. In this section, third party means a party to the proceeding concerned, other than the party who—

          2. made the admission; or
            1. offered the evidence.