What is hearsay?

What is hearsay?

• A. An out-of-court statement offered to prove the truth of the matter asserted.
• B. A statement made in court by a witness.
• C. A statement used only for impeachment.
• D. A statement that is always admissible.

Answer: (A)

Hearsay is an out-of-court statement offered to prove the truth of what it asserts. The reason this matters is that the person who made the statement isn’t in court to be cross-examined, so the statement’s reliability is not tested unless it falls under a recognized exception. In trial practice, hearsay is generally excluded unless an exception or exemption applies; the statement can still be admissible if it’s offered for a purpose other than truth (for example, to show that someone heard it or that it had a certain effect on the listener). So, when a statement is heard outside the courtroom and you’re using it to prove that the content is true, that’s hearsay. If you’re using the statement for another purpose, or if the statement falls under a listed exception, it may be admissible. Relatedly, a statement made in court is not hearsay because it’s subject to cross-examination, and evidence used only to impeach credibility isn’t offered to prove truth, so it isn’t hearsay in that sense. The idea that hearsay is always admissible is incorrect, since exclusions and exceptions govern when it can be admitted.

Hearsay is an out-of-court statement offered to prove the truth of what it asserts. The reason this matters is that the person who made the statement isn’t in court to be cross-examined, so the statement’s reliability is not tested unless it falls under a recognized exception. In trial practice, hearsay is generally excluded unless an exception or exemption applies; the statement can still be admissible if it’s offered for a purpose other than truth (for example, to show that someone heard it or that it had a certain effect on the listener).

So, when a statement is heard outside the courtroom and you’re using it to prove that the content is true, that’s hearsay. If you’re using the statement for another purpose, or if the statement falls under a listed exception, it may be admissible. Relatedly, a statement made in court is not hearsay because it’s subject to cross-examination, and evidence used only to impeach credibility isn’t offered to prove truth, so it isn’t hearsay in that sense. The idea that hearsay is always admissible is incorrect, since exclusions and exceptions govern when it can be admitted.