What is a possible remedy if a hearsay statement has already been admitted?

What is a possible remedy if a hearsay statement has already been admitted?

• A. Strike the statement from the record
• B. Call a new witness
• C. Ignore the admission
• D. Request a mistrial

Answer: (A)

When hearsay has been admitted, the most direct way to fix the issue is to strike the statement from the record. Striking removes the improperly admitted evidence from what the jury may rely on, or it can cue the jury to disregard that portion of the testimony. This curative action targets the prejudice caused by the admission and is a standard remedy in trial practice. Calling a new witness wouldn’t erase what was already said or was already considered by the jury. Ignoring the admission isn’t an effective remedy and doesn’t change what the jury has heard. A mistrial is an extreme step used only when the trial has been fatally compromised, which a single hearsay misstep typically isn’t.

When hearsay has been admitted, the most direct way to fix the issue is to strike the statement from the record. Striking removes the improperly admitted evidence from what the jury may rely on, or it can cue the jury to disregard that portion of the testimony. This curative action targets the prejudice caused by the admission and is a standard remedy in trial practice.

Calling a new witness wouldn’t erase what was already said or was already considered by the jury. Ignoring the admission isn’t an effective remedy and doesn’t change what the jury has heard. A mistrial is an extreme step used only when the trial has been fatally compromised, which a single hearsay misstep typically isn’t.