Hearsay

Question 1

Hearsay

Answer 1

General Rule: Hearsay is not admissible in court.

An out of court statement offered to prove the truth of the matter asserted.

Broken Down:
- Statement is other than one made by the declarant while testifying at the trial or hearing. Statement made by someone else other than the witness; or a statement previously made by this witness (past tense).

• Offered in evidence to prove the truth of the matter asserted within the statement – want to prove the literal words in the statement

Question 2

Statement

Answer 2

• An oral or written assertion (want other people to hear this); or
• -> Could be credit rating, symbol/logo could possibly be a statement

-Nonverbal conduct of a person, if it is intended by the person as an assertion (ex. nod head up down/side to side, point)

Question 3

Declarant

Answer 3

The person out of court who made the statement.

Question 4

Witness

Answer 4

A person on stand relating the hearsay statement

Question 5

Hearsay Requirements

Answer 5

Test = Statement? Offered by person other than declarant? For the truth of the matter?

1. A party is introducing into evidence through an IN COURT witness, an assertive statement or action intended as a statement (the source of the statement was a human);
2. The ORIGINAL statement was made (or conduct performed) outside of the courtroom, prior to the witness being on the witness stand and testifying;
3. The party asserts that the truth of the statement is relevant to the case.

Question 6

Reasons to exclude hearsay

Answer 6

• Absence of cross examination
• Absence of demeanor evidence when making statement
• Absence of oath
• Absence of context of situation in which statement made

Question 7

Hearsay risks

Answer 7

• Misperception; inaccurate perception
• Faulty memory
• Misstatement; ambiguity; faulty narration
• Distortion; lying; deception; insincerity

Question 8

Indirect Hearsay

Answer 8

Sometimes things are just so obvious, we don’t challenge them (let them in), even though they are technically hearsay.
• Date of birth
• Place of birth
• Names of siblings

Question 9

Out of court

Answer 9

• A person testifies to what someone else said; OR
• You have a person on the witness stand. That witness is testifying about a statement made previously (past tense), when the witness was not inside the courtroom. You weren’t under oath when you made that statement. Ex. When on the stand: I told the cop he hit me (hearsay) v. he hit me (not hearsay).

Question 10

Offered for the truth of the matter

Answer 10

• When you are trying to prove the literal and truthful meaning of the words, a statement is offered for the truth of the matter.
• When you are offering a statement for some OTHER purpose, it will NOT be hearsay.