What's the definition of "hearsay" in a courtroom?

Does the judge ever allow "hearsay" to be part of a case? (California Trust Law case)

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  • 8 years ago
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    If you Google "hearsay definition" then you will get the definition.

    If you Google "hearsay exceptions" you will get a list of when and how hearsay can be admitted as evidence.

  • 8 years ago

    The official definition for hearsay is (per the Federal rules of evidence):

    Hearsay. “Hearsay” means a statement that:

    (1) the declarant does not make while testifying at the current trial or hearing; and

    (2) a party offers in evidence to prove the truth of the matter asserted in the statement.

    And yes, hearsay can be allowed if it falls under one of the many exemptions or exceptions to the rule. Look up Federal Rule of Evidence 801(d) for exemptions, and Rule 803 for a list of exceptions.

  • 8 years ago

    Hearsay is a statement made out of court used to prove the truth of the matter being asserted. For example, if you introduce evidence that Bob said "Sally's got a gun!" and you introduce this evidence to prove that Sally had a gun - it's hearsay and therefore inadmissible.

    But if you introduce that statement to show that Bob was able to correctly identify Sally (and not for the purpose of proving Sally had a gun), then it's not hearsay, and therefore admissible.

    There are many exceptions and exclusions to the hearsay rule, the above is just an example.

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