Hearsay
Definition
Information received from other people that one cannot adequately substantiate; rumor.
Deep Dive
Hearsay refers to out-of-court statements offered in court to prove the truth of the matter asserted. In legal proceedings, particularly trials, hearsay evidence is generally inadmissible because it is considered unreliable. The primary reasons for its exclusion are that the original speaker of the statement was not under oath at the time it was made, and the opposing party has no opportunity to cross-examine that speaker regarding the statement's accuracy, credibility, or context. The adversarial system relies heavily on direct testimony and the ability to test its veracity through cross-examination, which is impossible with an absent, out-of-court declarant.
Examples & Use Cases
- 1During a trial, a witness testifies, "John told me he saw the defendant run a red light" – this is hearsay if offered to prove the defendant ran the light, as John is not on the stand to be cross-examined
- 2A police officer testifies that a victim, immediately after being struck by a car, exclaimed, "The blue car hit me!" – this could be admissible as an "excited utterance" exception to hearsay
- 3A company's regularly kept financial records are offered as evidence of a transaction – this falls under the "business records" exception.