Hearsay

Hearsay is a legal term describing an out-of-court statement offered to prove the truth of the matter asserted. Hearsay is generally inadmissible in court because the person who made the statement did not testify and cannot be cross-examined, and its reliability may be uncertain.

In many legal systems, including the United States, the hearsay rule is accompanied by a set of recognized exceptions and exclusions. The default rule excludes statements made outside the courtroom, but statements may be admissible if they fall within an exception or if they are not offered for their truth but for another permissible purpose, such as to show the effect on the listener or to establish the declarant’s behavior.

Common exceptions include present sense impressions, excited utterances, then-existing mental states, statements made for medical treatment or diagnosis, business records, and public records. A party’s own statements can be admitted as non-hearsay or as admissions against interest. Under certain conditions, prior inconsistent or consistent statements by a witness may be admitted. Additional exceptions cover declarants who are unavailable, such as dying declarations and statements against interest, depending on the jurisdiction.

Hearsay issues arise in both civil and criminal cases, with courts weighing reliability, availability of the declarant, and the purpose for which the statement is offered. Critics argue that the rule can unduly exclude trustworthy evidence, while supporters contend it protects the reliability of courtroom fact-finding by filtering untested assertions.