06.30.2014

What is hearsay?

Jackie from Scotrun asks, “What is hearsay?” By definition, hearsay is an out-of-court statement offered for the truth of the matter asserted. Rules of evidence are going to prevent statements from declarants who are not in court. There are books written on hearsay and the exemptions that apply. There are over 30 exceptions that will allow hearsay into court through a valid exception. Generally speaking, in order for hearsay to be admitted, it’s going to have to have a certain degree of reliability for a judge to allow it into evidence. And a judge will scrutinize any statements for declarants who are not in court and not subject to cross-examination.

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