Hearsay is a statement, other than the one made by the declarant (the one who made the original statement) while testifying at trial, that is offered into evidence to prove the truth of a matter. In essence, a witness is attempting to testify about an out-of-court statement to prove that something is true.

Hearsay is not limited to oral statements. Writings and conduct can also be forms or hearsay. The reason that hearsay is inadmissible is that the person giving the original statement was not under Oath, subject to an attack on credibility or subject to cross-examination. In that regard, the statements are deemed untrustworthy.

There are numerous exceptions to the hearsay rule that allow the hearsay statement to be entered into evidence. A few of those include Present Sense Impression, Excited Utterance, Business Records and Public Records, to name a few.

Present Sense Impression is where an individual makes a statement describing an event while he is perceiving the event, i.e. making a statement such as "Joe is robbing that bank" while he is watching it occur.

Excited Utterance is where an individual makes a statement relating to a startling event made while the individual was under the stress or excitement caused by the event, i.e. after an auto accident the driver shouts "I knew the brakes were bad!".

These exceptions to hearsay are in place because the statements that are made under these circumstances have an inherent trustworthiness to them; they are credible by their very nature. A person in the position of the declarant would likely be telling the truth when making these types of statements.

There are many other exceptions to the hearsay rule. The Federal Rules of Evidence, and many states, have 24 exceptions to the hearsay rule.

Have more questions about Hearsay?  To set up an initial consultation, contact my office at 412-823-8003 or send an email to Attorney Greg Artim