Hearsay

Question 1

What is the definition for hearsay? 2 Parts

Answer 1

1. Out of court statement (oral or written) (The hearsay rule does not apply to machines (e.g., what a clock “said” about the time) or to animals (e.g., the fact that a drug-sniffing dog barked at a suitcase).) AND
   (2) Offered to prove the truth of the matter asserted

Question 2

What is the general rule for hearsay?

Answer 2

Hearsay is inadmissible unless an exception or exclusion applies: The credibility of the declarant (out-of-court speaker or author) at the time the statement was made was not tested through cross-examination in the presence of the current fact-finder (Out of court statement made (speaker is called the declarant)

Question 3

What is the general rule for non-hearsay statements?

Answer 3

Some out-of-court statements may look like hearsay at first glance, but are not hearsay if they are not offered to prove the truth of the matter asserted in the statement. An out-of-court statement may be relevant to some issue simply because it was spoken (or written). If offered for some other purpose, credibility of the declarant is irrelevant. On the issue of whether the statement was spoken, the witness on the stand can be cross-examined; or if the statement was in writing, it can be examined as an exhibit.