Hearsay

Question 1

Ban against Hearsay

Answer 1

Hearsay is inadmissible unless it is excluded or an exception applies.

Question 2

Hearsay Definition

Answer 2

Hearsay means a statement that

1) the declarant does not make while testifying at the current trial or hearing; and

2) a party offers into evidence to prove the truth of the matter asserted in the statement

Quick Definition - Hearsay is an out of court statement that is being offered into evidence to prove the truth of the matter asserted in the statement.

Question 3

Statement Definition

Answer 3

Statement means a person’s oral assertion, written assertion, or nonverbal conduct, if the person intended it as an assertion.

NOTE - Statements by animals, machines, or devices does not constitute hearsay because it requires a statement by a person

Question 4

Common Non-Hearsay Purposes

Answer 4

1) To Show the effect on the person who heard the statement
2) To show notice to the person who heard the statement
3) To show legally sufficient language was spoken or written
4) Circumstantial evidence of the declarant’s state of mind

Question 5

Impeaching a Hearsay Declarant

Answer 5

When a hearsay statement has been admitted into evidence, the declarant’s credibility may be attacked, and then supported, by any evidence that would be admissible for those purposes if the declarant had testified as a witness.

The court may admit evidence of the declarant’s inconsistent statement or conduct, regardless of when it occurred or whether the declarant had an opportunity to explain or deny it.

If the party against whom the statement was admitted calls the declarant as a witness, the party may examine the declarant on the statement as if on cross examination.