Search results
Results from the WOW.Com Content Network
"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." [1] 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 ...
Hearsay is testimony from a witness under oath who is reciting an out-of-court statement that is being offered to prove the truth of the matter asserted. The Federal Rules of Evidence prohibit introducing hearsay statements during applicable federal court proceedings, unless one of nearly thirty exemptions or exceptions applies. [1]
According to the Court in Roberts, if a witness is unavailable, that witness's testimony can be admitted through a third person if it bears "adequate indicia of reliability." This was true if a statement fell within a "firmly rooted hearsay exception" or had "particularized guarantees of trustworthiness."
Previously, the Criminal Justice Act 1988 carved out exceptions to the hearsay rule for unavailable witnesses and business documents. These were consolidated into the 2003 Act. These were consolidated into the 2003 Act.
Giles v. California, 554 U.S. 353 (2008), was a case decided by the Supreme Court of the United States that held that for testimonial statements to be admissible under the forfeiture exception to hearsay, the defendant must have intended to make the witness unavailable for trial.
"Statements against interest" made by other witnesses are sometimes admissible over the hearsay exception, but that is covered by a different exception. [3] The "statements against interest" rule is different because: It is party neutral (the hearsay exemption is party-specific). The declarant must be unavailable.
In most jurisdictions including in federal courts, both the witness-spouse and the accused-spouse have the spousal communications privilege, so either may invoke it to prevent the witness-spouse from testifying about a confidential communication made during the marriage even if neither spouse is a party in the trial. [4]
Rule 803. Exceptions to the Rule Against Hearsay–Regardless of Whether the Declarant is Available as a Witness; Rule 804. Exceptions to the Rule Against Hearsay–when the Declarant is Unavailable as a Witness; Rule 805. Hearsay Within Hearsay; Rule 806. Attacking and Supporting the Declarant's Credibility; Rule 807. Residual Exceptions