Hearsay evidence is "an out-of-court
statement introduced to prove the truth of the matter asserted therein."
In court hearsay evidence is inadmissible (the "Hearsay Evidence
Rule") unless an exception to the Hearsay Rule applies.
For example, to prove Tom was in town, the attorney asks a witness, "What did Susan tell you about Tom being in town?" Since the witness's answer will rely on an out-of-court statement that Susan made, Susan is not available for cross-examination, and it is to prove the truth that Tom was in town, it is hearsay. A justification for the objection is that the person who made the statement is not in court and thus is insulated from cross examination. Note, however, that if the attorney asking the same question is trying to prove not the truth of the assertion about Tom being in town but the fact that Susan said the specific words, it may be acceptable. For example, it would be acceptable to ask a witness what Susan told them about Tom in a defamation case against Susan because now the witness is asked about the opposing party's statement that constitutes a verbal act.
The hearsay rule does not exclude the evidence if it is an operative fact. Language of commercial offer and acceptance is also admissible over a hearsay exception because the statements have independent legal significance.
Double hearsay is a hearsay statement that contains another hearsay statement itself.
For example, a witness wants to testify that "a very reliable man informed me that Wools-Sampson told him." The statements of the very reliable man and Wools-Sampson are both hearsay submissions on the part of the witness, and the second hearsay (the statement of Wools-Sampson) depends on the first (the statement of the very reliable man). In a court, both layers of hearsay must be found separately admissible. In this example, the first hearsay also comes from an anonymous source, and the admissibility of an anonymous statement requires additional legal burden of prooof. Many jurisdictions that generally disallow hearsay evidence in courts permit the more widespread use of hearsay in non-judicial hearings.
Main article: Hearsay
in United States Law
The Sixth Amendment to the United States Constitution provides that "In all criminal prosecutions, the accused shall enjoy the right ... to be confronted with the witnesses against him".
"Hearsay is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted." Per Federal Rule of Evidence 801(d)(2)(a), a statement made by a defendant is admissible as evidence only if it is inculpatory; exculpatory statements made to an investigator are hearsay and therefore may not be admitted as evidence in court, unless the defendant testifies. When an out-of-court statement offered as evidence contains another out-of-court statement it is called double hearsay, and both layers of hearsay must be found separately admissible.
There are several exceptions to the rule against hearsay inU.S.
Also, some documents are self-authenticating under Rule 902, such as (1) domestic public documents under seal, (2) domestic public documents not under seal, but bearing a signature of a public officer, (3) foreign public documents, (4) certified copies of public records, (5) official publications, (6) newspapers and periodicals, (7) trade inscriptions and the like, (8) acknowledged documents (i.e. by a notary public), (9) commercial paper and related documents, (10) presumptions under Acts of Congress, (11) certified domestic records of regularly conducted activity, (12) certified foreign records of regularly conducted activity.
England
and Wales , Canada , Hong Kong ,
Australia , Malaysia , New
Zealand , Norway ,
Sri Lanka , and Sweden
For example, to prove Tom was in town, the attorney asks a witness, "What did Susan tell you about Tom being in town?" Since the witness's answer will rely on an out-of-court statement that Susan made, Susan is not available for cross-examination, and it is to prove the truth that Tom was in town, it is hearsay. A justification for the objection is that the person who made the statement is not in court and thus is insulated from cross examination. Note, however, that if the attorney asking the same question is trying to prove not the truth of the assertion about Tom being in town but the fact that Susan said the specific words, it may be acceptable. For example, it would be acceptable to ask a witness what Susan told them about Tom in a defamation case against Susan because now the witness is asked about the opposing party's statement that constitutes a verbal act.
The hearsay rule does not exclude the evidence if it is an operative fact. Language of commercial offer and acceptance is also admissible over a hearsay exception because the statements have independent legal significance.
Double hearsay is a hearsay statement that contains another hearsay statement itself.
For example, a witness wants to testify that "a very reliable man informed me that Wools-Sampson told him." The statements of the very reliable man and Wools-Sampson are both hearsay submissions on the part of the witness, and the second hearsay (the statement of Wools-Sampson) depends on the first (the statement of the very reliable man). In a court, both layers of hearsay must be found separately admissible. In this example, the first hearsay also comes from an anonymous source, and the admissibility of an anonymous statement requires additional legal burden of prooof. Many jurisdictions that generally disallow hearsay evidence in courts permit the more widespread use of hearsay in non-judicial hearings.
United States
Main article: Hearsay
in United States Law The Sixth Amendment to the United States Constitution provides that "In all criminal prosecutions, the accused shall enjoy the right ... to be confronted with the witnesses against him".
"Hearsay is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted." Per Federal Rule of Evidence 801(d)(2)(a), a statement made by a defendant is admissible as evidence only if it is inculpatory; exculpatory statements made to an investigator are hearsay and therefore may not be admitted as evidence in court, unless the defendant testifies. When an out-of-court statement offered as evidence contains another out-of-court statement it is called double hearsay, and both layers of hearsay must be found separately admissible.
There are several exceptions to the rule against hearsay in
- Statement against interest
- Present sense impressions and Excited
utterances
- Then existing mental, emotional, or physical
condition
- Medical diagnosis or treatment
- Recorded recollection
- Records of regularly conducted activity
- Public records and reports, as well as absence
of entry in records
- Records of vital statistics
- Absence of public record or entry
- Records of religious organizations
- Marriage, baptismal, and similar
certificates, and Family and Property records
- Statements in documents affecting an interest
in property
- Statements in ancient documents the
authenticity of which can be established.
- Market reports, commercial publications
- "Learned treatises"
- Reputation concerning personal or family
history, boundaries, or general history, or as to character
- Judgment of previous conviction, and as to
personal, family or general history, or boundaries.
Also, some documents are self-authenticating under Rule 902, such as (1) domestic public documents under seal, (2) domestic public documents not under seal, but bearing a signature of a public officer, (3) foreign public documents, (4) certified copies of public records, (5) official publications, (6) newspapers and periodicals, (7) trade inscriptions and the like, (8) acknowledged documents (i.e. by a notary public), (9) commercial paper and related documents, (10) presumptions under Acts of Congress, (11) certified domestic records of regularly conducted activity, (12) certified foreign records of regularly conducted activity.
Other nations
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