What exactly is hearsay evidence?

Answer 1

"Hearsay" is any statement made outside of court that is offered in court to prove the truth of the facts being asserted in the statement.

An example: A man named Robert is on trial for murder. The prosecution calls a woman to the stand and she testifies that she overheard the victim at a coffee shop tell a friend that "Robert is trying to kill me" one week before she was murdered. This statement is hearsay because it is 1) a statement made outside the court, and 2) the statement is being offered to prove the truth of the matter being asserted. The matter being asserted is that Robert was trying to kill the woman. But, simply saying that "Robert is trying to kill me" isn't enough to prove that Robert was actually trying to kill the woman. Therefore, that statement is Hearsay.

The difference between hearsay and admissable out-of-court-statements: The above statement is hearsay because it is being used to prove that Robert was, in actuality, trying to kill the woman. However, the statement would likely be admissable if, instead of being used in trying to prove that Robert was murderous, it was instead being used as a basis for some subsequent behavior. For example, Let's say that in a new scenerio the woman is the one on trial for murdering Robert. Her defense team calls the same witness to the stand and that same witness testifies that she overheard the woman say "Robert is trying to kill me." Fruther, let's imagine that shortly after the woman on trial makes this comment, she sees Robert on the street, and shoots him dead. The defense now wants to show that the woman on trial was afraid for her life, and was therefore justified in killing Robert when she saw him and, presumably, thought he was going to kill her. In this example, the statement "Robert is trying to kill me" isn't being used to prove that Robert was actually trying to kill the woman, rather, it is being used to establish the subsequent behavior of the woman, e.g., her shooting Robert. The statement is not hearsay because it is NOT trying to prove the truth of the matter being asserted. It is only being used to explain the subsequent behavior of woman, e.g. shooting Robert because she was afraid for her life.

A final point: It is important to understand that out-of-court-statements are only hearsay if those statements are trying to prove the truth of the matter being asserted in those statements. And, even if a statement is found to be hearsay, there are many exceptions to the "hearsay rule," whereby the court can still weigh the hearsay statements as evidence. For example, statements made against the interest of the parties to the court case, excited utterances, and statements made when the declarant believes his/her death is imminent can all be exceptions that allow the court to use the hearsay statements as evidence. Finally, written or electronic communications are considered "statements" just as much as their verbal counterparts. A letter containing the comments "Robert is trying to kill me" would be just as inadmissable as a vocal declaration, assuming, of course, that both statements were being used to prove that Robert was actually trying to kill someone.

Answer 2

This definition comes form California Evidence Code Section 1200:

"'Hearsay evidence' is evidence of a statement that was
made other than by a witness while testifying at the hearing and that
is offered to prove the truth of the matter stated."

The general rule is that you cannot testify as to what someone else said...that person must testify. The basic premise is that it is more reliable to get the first hand testimony. There are exceptions to the rule.

Answer 3

incorrect communicate board. yet i am going to respond to besides. once you be conscious Jimmy damage a pane of glass with a rock, you understand he's a unfavorable little jerk. you're an eyewitness and ought to testify about what you observed. once you probably did not see the act yet George informed you it occurred that way, you're not from now on an eyewitness. All you've is George's tale, which will were made up as an excuse. perchance George did it and informed a lie to blame Jimmy. in case you tell yet another individual who Jimmy broke the glass, you only understand the reality in a unmarried of those 2 circumstances. the different is rumour info. rumour info is in many circumstances no longer admissible in a court of regulation, yet some exceptions ensue. Now, it may well be straightforward to assert in a court that the rumor about Jimmy breaking the glass became both intiated or propagated by technique of George. that is authentic contained in the 2d case I offered. yet you doesn't in my view be in a position to assert no matter if George became precise.

Answer 4

Hearsay is what rumour has stated or if you say someone told you something in the pub but that person was not there to testify it would be hearsay

Answer 5

The words you here from one person cannot be given as evidence in a court of law to prove the content of the statement. If I am a witness, I cannot give an evidence that ' xyz said that he saw the killer at the spot', which is treated as here say evidence. This will not be admitted in the court.

Answer 6

Depending on the State you are in. Hearsay is permissible in small claims court. That's strictly up to the Judge per case.

It is a "JD" code. Judges Discretion.

Answer 7

Exactly what it says on the tin..hearsay, not admissable in a court of law!

Answer 8

A statement made otherwise than by a person giving evidence in court. For example, the person giving evidence saying:
'I heard XXX say he did it'

It used to be inadmissable in the civil court (in the UK) but now it is admissable with certain exceptions and won't be given as much 'weight' (ie taken as seriously) as first hand evidence.

Answer 9

Hearsay evidence is when an attorney say, "Oh my client says she heard mary did it". The other attorney can say " is mary here, if not i object on hearsay" or somthing like that.

Answer 10

Third Party Speech