Keith Mack
Hearsay is generally defined as an out-of-court statement used to prove the truth of what was said. For example, if Bob is on trial for murder, Henry cannot testify that he heard Claire say that, before the events in question, Bob had a gun and was acting like a maniac. The court needs to hear from Claire herself. However, there are exceptions to the rule against hearsay evidence, and the Federal Rules of Evidence contain nearly thirty of them. For example, courts often allow statements from business and official records because the sources are reliable.
| Characteristics | Values |
|---|---|
| Definition of hearsay | An out-of-court statement offered to prove the truth of what was said |
| Hearsay as evidence | Hearsay is generally inadmissible as evidence in court |
| Exceptions | Many exceptions exist, including excited utterances, dying declarations, statements against interest, and business records |
| Witness availability | Hearsay may be admissible if the witness is unavailable |
| Cross-examination | Hearsay prevents the cross-examination of the person making the statement |
| Reliability | Hearsay is considered less reliable than first-hand accounts |
| Federal Rules of Evidence | Federal Rules of Evidence provide nearly 30 exceptions to hearsay |
| State law | State criminal law generally follows Federal Rules of Evidence, but not always |
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![The Law of Hearsay Evidence by J.B.C. Tregarthen 1915 [Leather Bound]](https://m.media-amazon.com/images/I/61FbOFgXaEL._AC_UY218_.jpg)
What You'll Learn
Hearsay evidence is generally inadmissible in court
Hearsay is generally defined as an out-of-court statement used to prove the truth of what was said. For example, if Bob is on trial for murder, Henry cannot testify that he heard Claire say that, before the events in question, Bob had a gun and was acting like a maniac. The court needs Claire's testimony regarding her exact observations, not Henry's secondhand story about what she allegedly reported observing. Without Claire, the jury cannot assess her honesty, possible mistakes, or potential bias, and it becomes impossible to establish the credibility of her statement.
However, there are many exceptions to the rule against hearsay evidence. For example, if the declarant is unavailable, their former testimony may be admitted because of the prior opportunity for cross-examination. Another exception is the "excited utterance" exception, which applies when someone makes a statement during a startling event, in the heat of the moment, potentially providing an accurate and unguarded piece of information. This exception is most applicable in criminal cases, as the rationale behind it is that a person is not likely to have the presence of mind to lie or give false statements during or immediately following a criminal act.
Additionally, courts often allow statements from business and official records because the sources are reliable. One of the most commonly used exceptions is the entry into evidence of documents routinely made in the regular course of business, such as invoices and statements of accounts demonstrating sums due and owing from the defendant. This is because businesses are expected to keep accurate records to survive, and it would be nearly impossible to find the persons who created these documents, especially if they are old.
Furthermore, statements against a person's own interest may be admitted because the court assumes a reasonable person would not say something unless it were true. For example, a witness stating that the plaintiff admitted to him that he forged a signature would be admissible evidence, even though the plaintiff is not on the stand, because it was an admission of a criminal act and against his interest.
In deciding whether a particular piece of evidence, including hearsay, should be admissible, a court considers a variety of factors, most importantly, whether the evidence is sufficiently reliable. The Federal Rules of Evidence provide nearly 30 different ways in which hearsay evidence can be used in court to prove a claim.
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There are exceptions to the hearsay rule
Hearsay evidence is generally inadmissible in court because it is considered unreliable. This is because the person being quoted is not present, and so their credibility is difficult to establish. However, there are indeed exceptions to the hearsay rule, which are detailed below.
Firstly, the 'excited utterance' exception applies when someone makes a statement during a startling event, in the heat of the moment. This is because people are not likely to have the presence of mind to lie or give false statements in such situations. For example, if a witness says, "The car is on fire!" while witnessing a car engulfed in flames, this statement may be admitted as evidence.
Secondly, the 'present sense impression' exception includes statements made while the declarant is perceiving an event or condition, or immediately after. For instance, if a witness says, "The car just ran a red light!" while watching the event occur, this statement could be admitted as evidence.
Thirdly, the 'dying declaration' exception is often admissible. The rationale is that the speaker obviously cannot be called as a witness, and people are unlikely to lie with their last breath. For example, a statement by a person on their deathbed that "Bob did it" would meet this exception.
Fourthly, the 'statement against interest' exception applies when a person who is not a party to the case makes a statement against their legal or financial interest. For this exception, the person making the statement must be 'unavailable' to testify at the trial for reasons such as refusing to follow a subpoena, serious illness, or death.
Fifthly, the 'business or official records' exception is often allowed because the sources are reliable. This includes official government records, private business records, prior court decisions or documents, and prior testimony of an unavailable witness. For example, invoices and statements of accounts demonstrating sums due from the defendant are routinely made in the regular course of business.
Finally, the 'statement for medical diagnosis or treatment' exception includes statements made to a doctor or healthcare professional about symptoms. This exception also extends to statements about causation, such as a patient's statement that they were struck by an automobile, but not their statement that the car drove through a red light.
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Hearsay evidence can be used in court under certain circumstances
Hearsay is generally defined as an out-of-court statement used to prove the truth of what was said. For example, if a police officer testifies about what an eyewitness told them at a crime scene. In general, prosecutors cannot use this testimony to prove what happened. However, there are exceptions to the rule against hearsay evidence, and courts have allowed certain hearsay statements to be admitted under specific circumstances.
The Federal Rules of Evidence (FRE) contain nearly thirty exceptions to the hearsay rule. One of the most commonly used exceptions is the admission of documents created in the regular course of business, such as invoices and statements of accounts. This is because businesses are expected to keep accurate records and it would be challenging to locate the person who created each document to testify in court. Another exception is the "excited utterance" exception, which applies when someone makes a statement during a startling event, as people are not likely to lie or give false statements in such moments.
Dying declarations, or statements made by someone who believes they are about to die, are often admitted as hearsay evidence. The rationale is that the speaker cannot be called as a witness, and people are not likely to lie in their final moments. Statements against a person's own interest may also be admitted, as the court assumes a reasonable person would not make such a statement unless it were true.
Additionally, courts may allow admissions to be entered into evidence even if they are hearsay. This is because a witness saying something against their own interest lends weight to the validity of the statement. For example, a witness stating that the plaintiff admitted to them that they were not owed a debt but had forged a signature would be admissible evidence, even if the plaintiff is not on the stand, as it involves an admission of a criminal act.
In some cases, a statement may not be considered hearsay if it is not offered to prove the truth of the matter asserted. For instance, a statement may be introduced to prove someone's state of mind or intent, rather than the facts of the statement itself.
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The problem with hearsay is establishing credibility
The legal system wants witnesses who have something to say to be in court so that lawyers can cross-examine them and juries can assess their honesty, possible mistakes, and potential bias. The person being quoted is not always present, and it becomes impossible to establish credibility. As a result, hearsay evidence is generally not admissible in court.
However, there are exceptions to the hearsay rule. Firstly, the "excited utterance" exception applies when someone makes a statement during a startling event, in the heat of the moment, potentially providing an unguarded and accurate piece of information. This exception is most applicable in criminal cases, as the rationale behind it is that during or immediately following a criminal act, a person is not likely to have the presence of mind to lie or give false statements. Secondly, the "matter of record" exception allows for official government records, private business records, prior court decisions or documents, and prior testimony of an unavailable witness to be admitted as evidence. Thirdly, statements against a person's own interest are admissible because the court assumes a reasonable person would not say something unless it were true. Fourthly, the residual exception allows hearsay evidence if it is supported by sufficient guarantees of trustworthiness and is more probative on this issue than other evidence that could be obtained through reasonable efforts.
In addition to these exceptions, there are many other exemptions and exceptions to the rule against hearsay. For example, a statement is not hearsay if it is offered to impeach a testifying witness. Furthermore, in some jurisdictions, a composite image prepared by a police sketch artist is not considered hearsay, even though it is based on out-of-court descriptions of the perpetrator provided by other witnesses.
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Hearsay evidence is routinely used in employment law claims
Hearsay is a term used to describe a type of evidence that may or may not be allowed in court. It is based on a statement made outside of court and offered to prove the truth of the matter. The problem with hearsay is that when the person being quoted is not present, it becomes impossible to establish their credibility. As a result, hearsay evidence is generally not admissible in court.
However, there are exceptions to the rule against hearsay, and it is these exceptions that are routinely used in employment law claims. Federal Rule of Evidence 803 alone lists 23 exceptions to the rule against hearsay, and even more exist under Rules 804-807. The exemptions and exceptions to the rule are as important as the rule itself.
One of the most commonly used exceptions is the entry into evidence of documents that were routinely made in the regular course of business. This includes invoices and statements of accounts demonstrating sums due and owing from the defendant. The rationale is that every business keeps such records and relies on their accuracy to function.
Another exception is the "excited utterance" exception, which applies when someone makes a statement during a startling event, in the heat of the moment. This exception is most applicable in criminal cases, as it is assumed that a person would not have the presence of mind to lie or give false statements during such an event.
Additionally, courts sometimes allow admissions to be entered into evidence even if they are hearsay, as the fact that the witness is making a statement against their own interest lends weight to the validity of the statement.
It is important to note that the decision to admit hearsay evidence depends on various factors, including the reliability of the evidence and the circumstances under which the testifying witness became aware of it.
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Frequently asked questions
Hearsay is an out-of-court statement offered to prove the truth of what was said. For example, if Bob is on trial for murder, Henry can't testify that he heard Claire say that, before the events in question, Bob had a gun and was acting like a maniac. The court needs Claire's testimony regarding her exact observations, not Henry's secondhand story about what she allegedly reported observing.
Hearsay evidence is inadmissible in court because, when the person being quoted is not present, it becomes impossible to establish their credibility.
Yes, there are several exceptions to the rule against hearsay evidence. These include excited utterances, dying declarations, statements against a person's own interest, and business or official records.
Courts consider a variety of factors when deciding whether to admit hearsay evidence, most importantly whether the evidence is sufficiently reliable.
