Legal Ease by
Shane Givens
Aug. 24, 2011
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What constitutes hearsay? Hearsay is a term that is often thrown around in court proceedings. Most people understand that hearsay consists of repeating a statement that you heard from someone else. In fact, many of my own witnesses in court will begin to testify to something only to stop, making their own hearsay objection. For example, I have had several witnesses say, "Well, I heard that . . . never mind, that's hearsay and I can't say it in court." There are times, however, when you can testify to what someone else has told you. Hearsay is usually not admitted because it is thought to be untrustworthy and because of constitutional principles such as the right to confront one's accusers. Most people think hearsay is legally defined as secondhand information, but the legal definition is a little different. Legally, hearsay is an out-of-court statement offered in court to prove the truth of the matter asserted. For example, if a witness in a car accident case testifies that someone else told her the light was red when the accident happened, this is legal hearsay and is usually inadmissible. Indeed, it is a statement offered to prove the truth of the matter asserted (that the light was red). Many statements that people think are hearsay aren't legal hearsay because they are not offered to prove the truth of the matter asserted. For example, let's say Scott Wright and George Bush are fighting about politics and Bush yells, "Scott, you are a lousy writer!" just before he hits Scott in the mouth. Barack Obama, who obviously would be testifying for Scott, hears Bush say this. Obama can testify that he heard Bush make the statement about Scott at trial because it is not legal hearsay. The statement is not hearsay because it was not introduced at trial to prove that Scott is a terrible writer (however true that may be, to Bush), but rather to show that Bush was angry at Scott. Additionally, even though a statement may be legal hearsay, a great many exceptions to the hearsay rule exist and much hearsay tends to be admitted under these exceptions. Some common exceptions include the following: 1) Statements made by a "party opponent" – in other words, the person opposing you in the lawsuit; 2) Utterances made at the time of a startling event which provoked the observer into speaking (for example, seeing your spouse in bed with someone else); 3) Statements describing a current condition (for example, "I feel sick."); 4) Prior testimony from a legal hearing, trial or deposition; 5) Religious records, family records and marriage certificates; and 6) Property documents (for example, deeds. So, if you are testifying, don't try to make your own hearsay objection. That's the other lawyer's job. This column is intended for general information purposes only. The answers to most legal problems rely on specific facts of a particular situation; therefore, it is very important to see a lawyer when these situations arise. Please e-mail questions for future columns to givenslaw@tds.net. |