Section 6: Previous statements of witnesses.

Civil Evidence Act 1995 · 1995 c. 38View on legislation.gov.uk

Subject as follows, the provisions of this Act as to hearsay evidence in civil proceedings apply equally (but with any necessary modifications) in relation to a previous statement made by a person called as a witness in the proceedings.

A party who has called or intends to call a person as a witness in civil proceedings may not in those proceedings adduce evidence of a previous statement made by that person, except—

with the leave of the court, or
for the purpose of rebutting a suggestion that his evidence has been fabricated.

Where in the case of civil proceedings section3,4 or5 of the Criminal Procedure Act 1865 applies, which make provision as to—

how far a witness may be discredited by the party producing him,
the proof of contradictory statements made by a witness, and
cross-examination as to previous statements in writing,

this Act does not authorise the adducing of evidence of a previous inconsistent or contradictory statement otherwise than in accordance with those sections.

Nothing in this Act affects any of the rules of law as to the circumstances in which, where a person called as a witness in civil proceedings is cross-examined on a document used by him to refresh his memory, that document may be made evidence in the proceedings.

Nothing in this section shall be construed as preventing a statement of any description referred to above from being admissible by virtue of section 1 as evidence of the matters stated.

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.