Hearsay

Question 1

What is hearsay?

Answer 1

Hearsay is a statement, other than one made by the declarant while testifying at the current trial or hearing, offered into evidence to prove the truth of the matter asserted.

Question 2

What is “Hearsay within Hearsay” or “Double hearsay?”

Answer 2

An out-of-court statement that includes other hearsay within it.

Question 3

How can Double Hearsay become admissible?

Answer 3

If both the outer hearsay and the inner hearsay can fall under one of the hearsay exceptions.

Question 4

What is a statement, for the purposes of hearsay?

Answer 4

• An oral or written statement.
• Non-verbal conduct that was intended to be an assertion.

Question 5

Define “out-of-court”.

Answer 5

Out-of-court means that the statement was not made by the declarant at the current trial or hearing.

Question 6

What kind of statements are not hearsay because they are not being offered for the truth of the matter asserted?

Answer 6

• Verbal acts or legally operative facts
• Statements offered to show their effect on the listener or reader
• Statements offered as circumstantial evidence of the declarant’s state of mind.

(Module 8.1.2(c), Page 58)