ABSTRACT

The chapter begins with a discussion of the rationales for the exceptions, and then describes the process by which those exceptions were developed. It then turns to a detailed discussion of the most important of the many exceptions to the hearsay rule. Although this discussion generally follows the structure of the uniform evidence legislation, the main common law and statutory exceptions available in those jurisdictions which have not yet adopted the uniform evidence legislation are also covered. It departs from the uniform evidence legislation, however, by treating the rules used to determine the admissibility of admissions by the parties as exceptions to the hearsay rule – which is the common law approach – rather than as rules whose existence is independent of the hearsay rule.