Hearsay

Hearsay is a statement made outside of court that is offered in court as evidence to prove the truth of the matter asserted. Hearsay is generally inadmissible as evidence in court proceedings due to its lack of reliability, as the original speaker is not present to be cross-examined. However, there are numerous exceptions to the hearsay rule.

Definition

Hearsay is defined as an out-of-court statement introduced to prove the truth of the matter asserted. The statement can be oral, written, or nonverbal conduct intended as an assertion.

Hearsay Rule

The hearsay rule is a fundamental principle in the law of evidence that prohibits the use of hearsay evidence in court. The rationale behind the rule is that hearsay statements are not subject to cross-examination, which is a critical mechanism for testing the reliability and credibility of evidence.

Exceptions to the Hearsay Rule

There are several exceptions to the hearsay rule, which allow certain out-of-court statements to be admitted as evidence. Some of the most common exceptions include:

• Present sense impression
• Excited utterance
• Statements against interest
• Dying declaration
• Business records exception
• Public records exception

Hearsay in Different Legal Systems

The treatment of hearsay evidence varies across different legal systems. In the United States, the Federal Rules of Evidence provide a detailed framework for the admissibility of hearsay and its exceptions. In contrast, the United Kingdom has its own set of rules and exceptions under the Criminal Justice Act 2003.

Related Concepts

• Direct evidence
• Circumstantial evidence
• Admissibility of evidence
• Cross-examination
• Witness

See Also

• Law of evidence
• Federal Rules of Evidence
• Criminal Justice Act 2003
• Direct evidence
• Circumstantial evidence