Hearsay
Hearsay is a legal term that refers to statements made outside of the courtroom that are offered as evidence to prove the truth of the matter asserted. For a statement to qualify as hearsay, it must be an assertive oral or written statement or act of conduct presented at trial with the intent to establish its truth. Generally, hearsay is inadmissible in court because it prevents opposing parties from cross-examining the original speaker, raising concerns about reliability and the credibility of the evidence. However, there are several exceptions to this rule, allowing certain hearsay statements to be admitted based on factors such as necessity or reliability. For instance, if the original speaker is unavailable to testify—due to death, memory loss, or other reasons—specific hearsay statements may still be accepted as evidence. Additionally, some statements, even if they meet the hearsay criteria, may be exempt from the hearsay definition altogether. Understanding hearsay and its exceptions is crucial for anyone interested in the legal process, as it plays a significant role in the rules of evidence during trials.
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Subject Terms
Hearsay
SIGNIFICANCE: Generally if testimony is based on hearsay and no exception applies, it must be excluded from evidence at trial.
The procedural rule requiring the exclusion of hearsay is one of the central rules of evidence. For a statement to be considered hearsay, it must meet two requirements. First, it must be an assertive oral or written statement or act of conduct. Second, it must be offered at trial to prove the truth of the matter asserted. If the statement is offered for a purpose other than proving the truth of the matter asserted, for example to show the statement’s effect on the hearer’s state of mind, then it is not hearsay.
Hearsay is generally inadmissible at trial because opposing parties in cases cannot cross-examine the persons who made the original statements. However, there are several standard sets of exceptions, often based on necessity or reliability factors, to the hearsay exclusion rule. For example, when the original maker of the statement is unavailable to testify, perhaps because of death or lack of memory, certain hearsay statements can be admitted into evidence. Also, when out-of-court statements can be considered more reliable as evidence than in-court testimony of those who made the original statement, certain types of hearsay statements can be allowed. In addition, some types of statements, although they fit the traditional definition of hearsay, are considered to be exempt from the hearsay definition.
Bibliography
Binder, David F. Hearsay Handbook. 4th ed. St. Paul, Minn.: West Publishing, 2001.
Fenner, G. Michael. The Hearsay Rule. Durham, N.C.: Carolina Academic Press, 2003.
Fisherman, Clifford S. A Student’s Guide to Hearsay. 2d ed. New York: Matthew Bender, 1999.
"Hearsay." Cornell Law School, Jan. 2023, www.law.cornell.edu/wex/hearsay. Accessed 5 July 2024.