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"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]
Hearsay is generally admissible in civil proceedings. [11] This is one area in which English law differs dramatically from American law; under the Federal Rules of Evidence, used in U.S. federal courts and followed practically verbatim in almost all states, hearsay is inadmissible in both criminal and civil trials barring a recognised exception.
For example, in the 1997 Illinois case People vs Holloway, the defendant took the case to appeal on the basis that one of the witnesses to appear at the trial was a hearsay witness: the witness was not present for the incident and neither directly saw or heard the incident. However, the Illinois Supreme Court ruled that a 1982 Outcry law ...
The party admission, in the law of evidence, is a type of statement that appears to be hearsay (an out of court statement) but is generally exempted (excluded) from the definition of hearsay because it was made by a party to the litigation adverse to the party introducing it into evidence.
When submitted as evidence, such statements are called hearsay evidence. As a legal term, "hearsay" can also have the narrower meaning of the use of such information as evidence to prove the truth of what is asserted. Such use of "hearsay evidence" in court is generally not allowed. This prohibition is called the hearsay rule.
The word declarant, when discussing the hearsay rule and its exceptions, refers to the person who makes an out-of-court statement. For example, if John is on the witness stand and says "Mary said that she was afraid." Mary is the declarant, not John. This concept is important in understanding many applications of the hearsay rule and its ...
Mutual Life Insurance Co. of New York v. Hillmon, 145 U.S. 285 (1892), is a landmark U.S. Supreme Court case that created one of the most important rules of evidence in American and British courtrooms: an exception to the hearsay rule for statements regarding the intentions of the declarant. [1]