An opposing party lawyer told the jury that sometimes HEARSAY is allowed in court? Is that true? If so, when would it be allowed? (in US)?
- D50Lv 68 months ago
THere's a long list of exceptions to hearsay and they're easy to look up on line. Generally, they're things like business records, dying declarations, public records, etc. Gossip is not one of them. Look up Rule 803.
- brian 2010Lv 78 months ago
That's not true. Unless there is physical evidence to back up someone's statement, this is hearsay and can never be admitted into court. Simple as that.
- Anonymous8 months ago
There are exceptions to the hearsay rule. Various factors are involved. Criminal trial? Civil trial? Jury or no jury?
City Court, County Court, State Court?
Yes, it is true that sometimes hearsay is allowed.Source(s): Education and experience
- champerLv 78 months ago
He's right, there are circumstances when it is permitted. The judge would rule on it.
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- Curious J, Esq.Lv 68 months ago
Hearsay as a general rule is not admissible as evidence at trial, but there are tons of exceptions or rules defining when something is not hearsay. The federal rules may differ from state rules. And this will differ from state to state.
Hearsay is one of the subjects that gives a lot of would-be attorneys difficulty in Evidence class as well as on the bar exam. It can be very tricky to identify it in the first place and what exceptions/exemptions would apply.
Sometimes, even seasoned attorneys don't get it right.
*I am a CA licensed attorney; the information above is not legal advice but general principles, only. No communication with me shall establish an attorney-client relationship. Why am I here? Because I am bored, need a social life, and trying to make sure my law school knowledge isn't completely gone.*
- YetiLv 78 months ago
There are multiple exceptions.
- JohnLv 58 months ago
Hearsay is not best evidence said Perry Mason, Attorney at Law.
- 8 months ago
I know a dying declaration is admissible. This is when a person is imminently going to die and they say something relevant. If you hear it, you can say that they said "Whatever they said".
- AlanLv 78 months ago
I have never ever known any court to accept hearsay in a court of law. Gossip is often wrong and misguided and rarely stands up to scrutiny. Gossip is also vindictive and spiteful and vengeful. For these reasons and more it would never be accepted in a serious law court.