Glossary · Evidence

Hearsay

hearsay-ed0853935a29dfcd-2026-07-28

Type
Glossary
Jurisdiction
National
Date
2026-07-28
Topic
Evidence

An out-of-court statement offered in evidence to prove the truth of what it asserts, which is generally inadmissible because the person who made it cannot be cross-examined. The rule is riddled with exceptions, including business records, excited utterances, and statements by an opposing party. A statement offered for another purpose, such as showing notice or state of mind, is not hearsay at all.

Definition

An out-of-court statement offered in evidence to prove the truth of what it asserts, which is generally inadmissible because the person who made it cannot be cross-examined. The rule is riddled with exceptions, including business records, excited utterances, and statements by an opposing party. A statement offered for another purpose, such as showing notice or state of mind, is not hearsay at all.

Hearsay. An out-of-court statement offered in evidence to prove the truth of what it asserts, which is generally inadmissible because the person who made it cannot be cross-examined. The rule is riddled with exceptions, including business records, excited utterances, and statements by an opposing party. A statement offered for another purpose, such as showing notice or state of mind, is not hearsay at all. Example: The witness could not testify that a bystander told her the truck ran the light, because the statement was hearsay.