Class 13: Preliminary Questions and Introduction to Hearsay - Feb. 20

Question 1

What is hearsay? (Q)

Answer 1

Hearsay is an out-of-court statement, or nonverbal assertive conduct, that a party is seeking to introduce to prove the truth of the matter asserted.

Because a hearsay statement is not made under oath, in the presence of a fact finder, or subject to cross examination, it is seen as unreliable and presumptively inadmissible. However, there are many exceptions to the rule against admissibility.

Question 2

Can a hearsay statement be nonverbal? (Q)

Answer 2

Yes. A hearsay statement can be nonverbal. A statement for purposes of the hearsay rule can be any oral, written, or nonverbal conduct the declarant intended to be an assertion. An assertion is an attempt to express or communicate ideas or information.

Almost all oral and written words are intended to be assertions, as are many nonverbal actions. A person who shakes his or her head yes or no in response to a question has made a nonverbal assertion. Likewise, a person who, when asked, “Do you see the person who attacked you?” points to another person has made a nonverbal assertion.