The hearsay rule is a rule of evidence which prohibits admitting testimony
or documents into evidence when the statements contained therein are offered
to prove their truth and the maker of the statements is not able to testify
about it in court. Hearsay is "second-hand" information. Because the person
who supposedly knew the facts is not in court to give testimony, the trier
of fact cannot judge the demeanor and credibility of the alleged first-hand
witness, and the other party's lawyer cannot cross-examine him or her.
Therefore, there is a constitutional due process danger that it deprives
the other side of an opportunity to confront and cross-examine the "real"
witness who originally saw or heard something.
However, there are numerous exceptions to the hearsay rule. Exceptions
include:
- a statement by the opposing party in the lawsuit which is inconsistent
with what he/she has said in court
- business entries made in the regular course of business, when a
qualified witness can identify the records and tell how they were kept
- official government records which can be shown to be properly kept
- a writing about an event made close to the time it occurred, which
may be used during trial to refresh a witness's memory about the event
- a "learned treatise" (historical works, scientific books,
published art works, maps and charts)
- judgments in other cases
- a spontaneous excited or startled utterance
- ) contemporaneous statement which explains the meaning of conduct
if the conduct was ambiguous
- a statement which explains a person's state of mind at the time
of an event
- a statement which explains a person's future intentions
- prior testimony under oath
- a declaration by the opposing party in the lawsuit which was contrary
to his/her best interest if the party is not available at trial
- a dying declaration by a person believing he/she is dying
- a statement made about one's mental set, feeling, pain or health,
if the person is not available-most often applied if the declarant is dead
- a statement about one's own will
- other exceptions based on a judge's discretion that the hearsay
testimony has surrounding circumstances indicating that it must be reliable.
