What is Hearsay?

Hearsay is a statement made out of court that is offered as evidence in a court of law. The statement, typically from an individual not present in the court, is offered to prove the truth of the matter being asserted. It is also informally used to refer to secondhand information or an opinion that is not based on a firsthand experience.

The hearsay rule, also referred to as the rule against hearsay, is a legal rule in the United States designed to protect the right to a fair trial by barring the use of out-of-court statements as evidence in a court of law. Hearsay evidence is not considered reliable because the out-of-court statement is usually not being made under oath and is not being made in the presence of a judge or jury, thus there is no way to guarantee that it is accurate and truthful.

The Exceptions to the Hearsay Rule

There are a few exceptions to the hearsay rule that allow a statement that would normally be inadmissible as evidence to be admitted. Several of the most common exceptions include a statement made for the purpose of medical diagnosis or treatment, an excited utterance (a statement made immediately following an emotional or physical trauma or shock), and a present sense impression (a statement made by an individual relating to the interpretation of a sense or observation at the time it was made).

Other exceptions exist for certain types of out-of-court statements which may be allowed in certain cases. These include statements concerning a public record, dying declarations, declarations against interest, and excited utterances.

Conclusion

Hearsay is a statement made outside of court that is offered as evidence in a court of law. The hearsay rule prevents the use of these types of statements as evidence due to their lack of reliability. However, there are several exceptions to the hearsay rule that allow statements to be admitted as evidence in certain cases. It is important to be aware of these exceptions in order to ensure your court case can proceed in an efficient and legal manner.