Hearsay

Definition

Hearsay is evidence of an event that the witness did not personally perceive.

Purpose

Hearsay is generally inadmissible in legal proceedings because it is considered unreliable. The rule against hearsay ensures that only firsthand, direct evidence is used to establish facts in a case, thereby protecting the integrity of the judicial process.

Examples of Use

1. Witness Statements: A witness testifying about what someone else told them regarding an event.
2. Secondhand Accounts: Information relayed through multiple people before reaching the court.
3. Written Reports: Documents that contain statements from people who are not present to testify.

Related Terms

• Direct Evidence: Evidence based on a witness’s personal knowledge or observation.
• Circumstantial Evidence: Evidence that implies a fact or event without directly proving it.
• Testimony: A formal written or spoken statement given in a court of law.
• Affidavit: A written statement confirmed by oath or affirmation, used as evidence in court.

Notes

There are many exceptions to the hearsay rule, such as statements made under the belief of impending death or business records kept in the regular course of business. Understanding these exceptions is important for legal practitioners.