Hearsay
Hearsay is when someone repeats what another person said outside of court.
Statements by a non-testifying witness are almost always not admissible. Even when exceptions apply, the statement must still be relevant and add real value as evidence.
What is Hearsay?
Hearsay is evidence that has been seen or heard outside the courtroom. A party in a lawsuit may try to use this evidence to demonstrate the truth of an assertion.
A statement is considered hearsay if the declarant does not face cross-examination to establish the facts.
Hearsay meaning is not limited to oral statements. Nodding and pointing at someone accusingly or other implied assertions can be considered hearsay.
It’s essential to know that hearsay is often inadmissible under US law. Opposing counsels usually object to hearsay because the law extensively limits its use.
Still, indirect testimony is sometimes accepted as evidence. Exceptions do not mean that second-hand statements can be used as original or exculpatory evidence. However, the circumstances surrounding the utterances can qualify them as valid supporting evidence.
Exemptions and Federal Rules on Hearsay Evidence
The federal rules on hearsay evidence prevent convictions based on rumors. The rule against hearsay (28 U.S.C. App § 802) states that it’s inadmissible unless:
- A federal rule provides for it
- The Federal Rules of Evidence allow it
- A Supreme Court rule makes an exception
There are several reasons to exclude hearsay from evidence:
- The source does not make the statement under oath
- It’s second-hand evidence
- The court cannot verify the declarant’s demeanor at the time
For these reasons, hearsay is inadmissible when used to prove that a statement is true. You may also not use hearsay to excuse, justify, or absolve someone from the charges against them.
When can hearsay be used in court?
Although the law generally rules out the use of hearsay as evidence, there are exceptions. The judge may make additional exemptions based on the circumstances surrounding the utterances and the purpose of the statement.
As mentioned, hearsay cannot be used to prove whether something is true. However, the court may accept certain out-of-court statements if they are offered to show things like a person’s motive, knowledge, or notice.
Hearsay is also allowed when it involves an admission or confession made by the accused.
Examples of Hearsay Exceptions
In some cases, the law states that some statements are admissible as evidence although not made under oath. The legal precedents for such cases mean that some hearsay evidence can be accepted in court.
The most common examples of exemptions to hearsay are detailed below.
Excited utterances
A significant exception to the rules of hearsay is when witness testimony of an “excited utterance” is given. For example, if in the heat of the moment, someone expresses accurate information that a witness hears.
The person would have to have been so startled that it would be unlikely or impossible to make a false statement knowingly.
The court may admit this as evidence if the statement is made as an event happens or immediately afterward. If there is a delay, the statement will not be accepted.
Dying declarations
Utterances by a person who believed they were about to die are treated differently than typical hearsay. To be admissible, these declarations must relate to the cause or circumstances of the expected death.
If this applies, the court may allow the deceased person’s words to be used as evidence, although the speaker is unavailable for cross-examination. This exception is based on Rule 804 - Hearsay Exceptions; Declarant Unavailable.
Despite the exception, it’s still essential that the deceased person made the statement based on actual knowledge.
Statement against interests
A hearsay statement against interests is more commonly called a confession or admission. Confessional statements are often made by the accused. However, they can also be statements by a witness who heard the confession.
Declarations like this can be exempt from the usual hearsay rules. However, the credibility of the witness may still be called into question by the defense lawyer.
Matter of record
Evidence provided that is a matter of record is exempt from being declared hearsay and is therefore admissible as evidence in court. This includes any official or legal documents, such as:
- Promissory notes
- Birth certificates
- Prior court rulings
- Tax returns
- Contracts
- Former testimony from previous proceedings
- Business records
This documentation will only be admissible if a witness can confirm their accuracy. Therefore, the person bringing the evidence must be suitably qualified to attest that they are genuine and official.
Some documents may be inadmissible, so you should seek advice from a lawyer on which kinds of documentation are accepted as valid evidence.
An affidavit, for example, is generally considered hearsay, especially if the affiant is available to testify. However, based on the circumstances, the court may accept some sworn statements.
Statements of medical diagnosis and treatment
The court can allow a person’s utterances as evidence if they are describing medical history and past and present symptoms. Although these are out-of-court statements, the judge may rule that they are pertinent to and prove a medical diagnosis.
It’s essential that these statements were made while the person speaking was contemplating treatment. Allowing these statements permits crucial medical information into evidence.
Helpful resources:
Hearsay is when someone repeats what another person said outside of court.
Statements by a non-testifying witness are almost always not admissible. Even when exceptions apply, the statement must still be relevant and add real value as evidence.
What is Hearsay?
Hearsay is evidence that has been seen or heard outside the courtroom. A party in a lawsuit may try to use this evidence to demonstrate the truth of an assertion.
A statement is considered hearsay if the declarant does not face cross-examination to establish the facts.
Hearsay meaning is not limited to oral statements. Nodding and pointing at someone accusingly or other implied assertions can be considered hearsay.
It’s essential to know that hearsay is often inadmissible under US law. Opposing counsels usually object to hearsay because the law extensively limits its use.
Still, indirect testimony is sometimes accepted as evidence. Exceptions do not mean that second-hand statements can be used as original or exculpatory evidence. However, the circumstances surrounding the utterances can qualify them as valid supporting evidence.
Exemptions and Federal Rules on Hearsay Evidence
The federal rules on hearsay evidence prevent convictions based on rumors. The rule against hearsay (28 U.S.C. App § 802) states that it’s inadmissible unless:
- A federal rule provides for it
- The Federal Rules of Evidence allow it
- A Supreme Court rule makes an exception
There are several reasons to exclude hearsay from evidence:
- The source does not make the statement under oath
- It’s second-hand evidence
- The court cannot verify the declarant’s demeanor at the time
For these reasons, hearsay is inadmissible when used to prove that a statement is true. You may also not use hearsay to excuse, justify, or absolve someone from the charges against them.
When can hearsay be used in court?
Although the law generally rules out the use of hearsay as evidence, there are exceptions. The judge may make additional exemptions based on the circumstances surrounding the utterances and the purpose of the statement.
As mentioned, hearsay cannot be used to prove whether something is true. However, the court may accept certain out-of-court statements if they are offered to show things like a person’s motive, knowledge, or notice.
Hearsay is also allowed when it involves an admission or confession made by the accused.
Examples of Hearsay Exceptions
In some cases, the law states that some statements are admissible as evidence although not made under oath. The legal precedents for such cases mean that some hearsay evidence can be accepted in court.
The most common examples of exemptions to hearsay are detailed below.
Excited utterances
A significant exception to the rules of hearsay is when witness testimony of an “excited utterance” is given. For example, if in the heat of the moment, someone expresses accurate information that a witness hears.
The person would have to have been so startled that it would be unlikely or impossible to make a false statement knowingly.
The court may admit this as evidence if the statement is made as an event happens or immediately afterward. If there is a delay, the statement will not be accepted.
Dying declarations
Utterances by a person who believed they were about to die are treated differently than typical hearsay. To be admissible, these declarations must relate to the cause or circumstances of the expected death.
If this applies, the court may allow the deceased person’s words to be used as evidence, although the speaker is unavailable for cross-examination. This exception is based on Rule 804 - Hearsay Exceptions; Declarant Unavailable.
Despite the exception, it’s still essential that the deceased person made the statement based on actual knowledge.
Statement against interests
A hearsay statement against interests is more commonly called a confession or admission. Confessional statements are often made by the accused. However, they can also be statements by a witness who heard the confession.
Declarations like this can be exempt from the usual hearsay rules. However, the credibility of the witness may still be called into question by the defense lawyer.
Matter of record
Evidence provided that is a matter of record is exempt from being declared hearsay and is therefore admissible as evidence in court. This includes any official or legal documents, such as:
- Promissory notes
- Birth certificates
- Prior court rulings
- Tax returns
- Contracts
- Former testimony from previous proceedings
- Business records
This documentation will only be admissible if a witness can confirm their accuracy. Therefore, the person bringing the evidence must be suitably qualified to attest that they are genuine and official.
Some documents may be inadmissible, so you should seek advice from a lawyer on which kinds of documentation are accepted as valid evidence.
An affidavit, for example, is generally considered hearsay, especially if the affiant is available to testify. However, based on the circumstances, the court may accept some sworn statements.
Statements of medical diagnosis and treatment
The court can allow a person’s utterances as evidence if they are describing medical history and past and present symptoms. Although these are out-of-court statements, the judge may rule that they are pertinent to and prove a medical diagnosis.
It’s essential that these statements were made while the person speaking was contemplating treatment. Allowing these statements permits crucial medical information into evidence.
Helpful resources: