What is heresay in a court of law?

Answer 1

'Hearsay' is secondhand information that a witness only heard about from someone else but did not see or hear themselves. Hearsay is not admissabile in court because it's not trustworthy, as well as because of constitutional rights such as the right to confront one's accusers, however, there are so many exceptions to this general rule that oftentimes hearsay can be admitted. See: http://www.lectlaw.com/def/h007.htm

Answer 2

Hearsay is "second-hand" information. Because the person who supposedly said it or wrote it is not in court to give first-hand testimony, the court cannot judge the demeanor and credibility of the alleged witness, and the other party's lawyer cannot cross-examine him or her. Therefore, there is a constitutional due process danger that it deprives the other side of an opportunity to confront and cross-examine the "real" witness who originally saw or heard something. See: http://definitions.uslegal.com/h/hearsay-rule There are exceptions to this rule this is the GENERAL rule which applies overall.

Answer 3

There are books written on what hearsay evidence is, is not, and can be. There is not enough space here to try to define it further. Suffice it so say that SOME hearsay evidence is routinely admtted in court proceedings. Examples might be: tape recordings or transcripts of 9-1-1 calls - Laboratory reports of evidence analysis - information gained through wiretaps - etc. Hearsay that is generally not admissable is third party "he said - she said" type of evidence - especially when the 3rd party CAN be subpoenad to court and questioned directly about what they did, or didn't, say.

A police report may or may not be admissible in court based on hearsay rules. The basic rule is that hearsay is not admissible. Hearsay, in general, is when I tell what Joe said. I am present to be questioned; Joe is not. The evidence of what Joe said is offered to prove the truth of what Joe said. (If it is offered to prove that Joe was not mute and was capable of speech, it's not hearsay.)

The police report, as a written document apparently being offered to prove the truth of what is written therein, is hearsay. The next question is whether it falls into any of the MANY exceptions to the hearsay rule. Local rules can allow hearsay to be used in specific circumstances, sometimes with advance notice required or with a showing of necessity. The basic rules of hearsay would allow an exception for records kept in the regular course of business, made at a time relatively contemporaneous with the event recorded, and maintained in the custody of someone whose job includes maintaining business records.

Keep in mind also that someone with legal standing must object to the use of certain evidence in order for the court to consider hearsay questions. And sometimes, even judges need a reminder of all the details of hearsay...

Answer 4

Hearsay is information gathered by one person from another concerning some event, condition, or thing of which the first person had no direct experience. When submitted as evidence, such statements are called hearsay evidence. As a legal term, "hearsay" can also have the narrower meaning of the use of such information as evidence to prove the truth of what is asserted. Such use of "hearsay evidence" in court is generally not allowed. This prohibition is called the hearsay rule.

For example - if a witness testified, "Susan told me that Tom was in town". Since the witness did not actually see Tom in town themselves, the statement would be hearsay evidence that Tom was in town, and not admissible.

However, if it were Susan making the statement, it wouldbe admissible since she actually saw him herself and that could be accepted as evidence on which she could be cross-examined, that Tom was in town.

Answer 5

A statement submited by one of the parties involved in a case based on word of mouth (from a third party) only with no evidence to prove that the statement is true.

"I was told by a neighbour that ....."