Which statements does this provision bar from being used as evidence, and what does it leave outside that bar?
General information · Not legal advice
Material to check
In practice material of this kind, we read the statement offered in evidence to see whose account it carries, where that account was made, and whether it was written down in place of the person's testimony at the trial preparation session or hearing; we also read any paper invoking the matters the provision's opening words except, since those matters are the only route it leaves open.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the bar in both of the forms it sets out: apart from the matters provided for in the articles it names, a document recording a statement in place of testimony at the trial preparation session or hearing, and a statement whose content is another person's statement made outside those stages, may not be used as evidence.
Another reading stresses that the second form is written as a statement, not only as a document, so an oral account in court that merely repeats what another person said outside the trial preparation session or hearing falls within the bar just as a written record of it would; the provision does not say which matters the named articles cover, nor what follows once the statement is already before the court.
Your judgment
When a witness repeats in open court what another person said outside the hearing, how could the file show whether one of the named articles covers that account?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to widen or narrow the statements it bars, or if a court decision explains which accounts fall within the matters the named articles provide for.