* HEARSAY *
HEARSAY - Secondhand information that a witness only heard about from
someone else and did not see or hear himself. Hearsay is not admitted in
court because it's not trustworthy, as well as because of various
constitutional principles such as the right to confront one's accusers,
however, there are so many exceptions that often times hearsay is
admitted more than excluded.
A statement, other than one made by the declarant while testifying at
the trial or hearing, offered in evidence to prove the truth of the
matter asserted. -- 28 USC
Hearsay is any statement made outside a hearing or trial which is
presented at the hearing or trial to prove the truth of the contents of
the statement. All evidence rules begin with the premise that hearsay
cannot be used in court because secondhand testimony is considered
unreliable and because the person who made the original statement is
often unavailable for cross-examination. Statements in the forms of
letters, affidavits, declarations, diaries, memos, oral statements,
notes, computer files, legal documents, purchase receipts and contracts
all constitute hearsay when they are offered to prove that their
contents are true.
Testimony during a hearing or trial is not hearsay unless the witness
tries to repeat something someone else said or wrote. In addition, a
statement introduced to prove something other than its truth is not
hearsay. For example, testimony may be offered to show the speaker's
state of mind.
Example: Dana and Bruce were fighting, and Dana shouted "Bruce, you
are a lousy bastard." Marla heard the argument and was asked to testify
at Dana and Bruce's divorce trial. Marla was permitted to repeat the
statement "Bruce, you are a lousy bastard," because it is not hearsay.
It was not introduced at the trial to prove that Bruce has lice or is an
illegitimate child, but rather to show that Dana was angry.
A witness's earlier out-of-court statement may be presented at a
trial or hearing if it contradicts his in-court testimony because the
statement is being used to cast doubt on the witness's credibility
rather than prove the statement's truth or falsity.
A great many exceptions to the hearsay rule exist and much hearsay tends
to be admitted under these exceptions. Evidence which qualifies as
exceptions is usually statements which are reliable and believed to be
unfabricated. Some common exceptions are:
- Utterances made at the time of a startling event which provoked the observer into speaking (for example, seeing one's spouse in bed with someone else);
- Statements describing a current condition (for example, "I feel sick.");
- Prior testimony from a hearing, trial or deposition;
- Religious records, family records and marriage certificates;
- Property documents (for example, deeds);
- Statements made against one's own monetary or penal interest (that is, an admission of a crime);
- Declarations made by someone who believes his death is imminent;
- Business records made in the regular course of business;
- Official records;
- Ancient documents, and;
- Court judgments.
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