Hearsay General concepts Flashcards
what is the definition of hearsay
Out of court [court = not testimony at current trial or hearing] statement offered to prove the truth of the matter asserted
what is the rule of hearsay
hearsay must be excluded from evidence unless the federal rules provide otherwise
what is the rationale for excluding hearsay
the adverse party was denied the opportunity to cross examine the declarant at the time the statement was made
the federal rules prefer that declarants make their assertions in court on the witness stand where they are under oath and subject to cross examination and where the jury can see them
rule of hearsay within hearsay/double hearsay
What it is: out of court statement that incorporates other hearsay within it
admissible only if BOTH the outer and inner hearsay statements fall within an exception or exclusion of the rule
Tip: look for an out of court declarant who repeats or transcribes another person’s statement
“statement” in the definition of hearsay
A person’s oral or written assertion [not animal or machine]
or
a person’s nonverbal conduct intended as an assertion [like a nod of the head]
What are some common “non-truth” purposes for introducing out of court statements?
Verbal Acts [legally operative facts such as words of contract or defamatory words]
Statements offered to show their effect on the listener or reader [ex: to prove notice in a negligence case]
statements offered as circumstantial evidence of declarant’s state of mind [ex: trying to prove knowledge or insanity]
—- NOT direct evidence of state of mind [“I feel sad”]
in determining whether a statement is hearsay, ask yourself ….
whether we need to rely on the declarant’s credibility to accept this evidence
