Evidence Law Made Easy: Definition of hearsay

Law School

Hearsay Defined:

Out-of-court statement made outside of the current trial or hearing.

Not made under oath in the current proceeding.

Presented as evidence in the current trial or hearing.

Used to prove the truth of the matter asserted in the statement.

Key Components:

Out-of-court Statement: Made outside the current court proceeding (e.g., during a deposition, police interrogation, or informal conversation).

Offered as Evidence: Must be presented at the current trial or hearing to be considered hearsay.

Truth of the Matter Asserted: The statement must be offered to prove what it asserts. If it's to prove that the statement was made, it's not hearsay.

Examples and Practice Questions:

Example 1: A defendant's statement during police interrogation about someone else's confession is not hearsay if it's only to show the statement was made. It is hearsay if used to prove the confession's truth.

Example 2: A victim's out-of-court statement during a crime can be non-hearsay if it explains a witness's actions or is not to prove the crime happened as stated.

Practice Questions:

Question 1: Bystander's statement about a car accident is hearsay if used to prove the accident happened as described.

Question 2: Defendant's voicemail about a fight is an opposing party statement exception to hearsay.

Question 3: Plaintiff's statement about being sore is a non-hearsay statement of then-existing physical condition.

Hearsay Admissibility:

Generally inadmissible due to reliability and credibility concerns.

Exceptions allow hearsay if it meets certain criteria for reliability or necessity.

Major Hearsay Exceptions:

Opposing Party Statements: Admissible when offered against that party.

Present Sense Impression & Excited Utterance: Spontaneous statements believed to be reliable.

Then-Existing State of Mind: Reflects the declarant's mental state.

Business Records: Deemed reliable due to regular business practices.

Recorded Recollection: Used when a witness's memory has faded.

Dying Declaration: Statements made under the belief of impending death, concerning death circumstances.

Conclusion:

Hearsay involves out-of-court statements used to prove the truth asserted.

The default rule is inadmissibility due to potential unreliability.

Numerous exceptions exist based on the presumption of reliability or necessity.

Understanding hearsay and its exceptions is crucial for legal practitioners and is heavily tested in legal examinations.

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