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What is Hearsay?
Hearsay
is a statement, other than one made by the declarant, while
testifying at trial or a hearing offered in evidence to prove
the truth of the matter asserted. See Federal Rule of Evidence
801(c). Put more simply, it is a statement being repeated by
someone other than the person who actually made the statement
which is used at trial or in a hearing to prove the truthfulness
of the statement.
Courts will generally not allow hearsay statements or evidence
to come into court. For example, in a personal injury automobile
case, many people believe that the accident report can come
into evidence. In most jurisdictions, it can not because it
is considered hearsay. The police officer had simply talked
to the people involved and recorded what was told to him.
That is classic hearsay and is usually excluded at trial.
Hearsay evidence can also be testimony in a court of a statement
made out of court. The classic example is one person attempting
to testify as to something said by another person who is not
in court. Without personal knowledge of the matter testified
to, the court will generally not allow the party to testify
as to a hearsay statement.
Hearsay statements are excluded when they are being offered
as an assertion to show the truth of the matter asserted therein,
and thus, resting for its value upon the credibility of the
out of court attester or stateor. Hearsay is evidence not
proceeding from the personal knowledge of the witness, but
is from the mere repetition of what he has heard others say.
Hearsay is that which does not derive its value solely from
the credit of the witness, but rests mainly on the veracity
and competency of other persons. The nature of hearsay evidence
shows its weakness and is admitted only in specific cases
for necessity.
There are certain statements which are either not considered
hearsay, or are considered exceptions to the hearsay rule.
The hearsay exceptions are as follows:
1) Present Sense Impression. That is a statement describing
or explaining an event or condition made while the person
was perceiving the event or condition or made immediately
thereafter.
2) An Excited Utterance. A statement relating to a startling
event or condition made while the declarant was under the
stress of excitement caused by the event or condition.
3) Then existing mental, emotional or physical condition.
4) Statements for the purpose of medical diagnosis or treatment.
5) Recorded recollection.
6) Records of regularly conducted activity.
7) Absence of entry in the records kept in accordance with
the provisions of paragraph number 6 above.
8) Public records and reports.
9) Records of vital statistics.
10) An absence of public record or entry.
11) Records of religious organizations, such as statements
of birth, marriages, divorces, deaths, legitimacy, etc.
12) Marriage, baptismal and other similar certificates.
13) Family records, such as family bibles, engravings and
rings, family portraits, inscriptions on crypts and tombstones.
14) Records of documents affecting an interest in property.
15) Statements and documents affecting an interest in property.
16) Statements in ancient documents. That is documents that
have been in existence 20 years or more.
17) Market reports, commercial publications.
18) Learned treatises.
19) Reputation concerning personal or family history.
20) Reputation concerning boundaries or general history.
21) Reputation as to character.
22) Judgment of previous conviction.
23) Judgment as to personal, family or general history or
boundaries.
24) Other exceptions.
As you can see, the hearsay rules and their exceptions are
extremely complicated. A lawyer handling your personal injury
case must be well familiar with the use of the hearsay rule
and its exceptions in order to ensure that adequate evidence
is presented to win a trial. Not only do the hearsay rules
allow you to get into evidence critical information, but the
rules can also be used to exclude damaging information from
reaching the jury.
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