What is HEARSAY evidence by Attorney Steve®

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In this episode of Litigation Whiteboard® Attorney Steve® discusses HEARSAY EVIDENCE. Hearsay is a general term known to the public but not completely understood the way lawyers understand it as an evidentiary rule.

WHAT IS HEARSAY EVIDENCE

Hearsay evidence is defined as an out-of-court statement made in court to prove the truth of what was said – where the person who made the statement is not available to give evidence. The main rationale behind the exclusion of hearsay evidence is that the maker of the statement has not had an opportunity to BE cross-examined on their statement. This means that there is a risk that the statement may be untrue, or misremembered. There are a number of exceptions to the hearsay rule, which allow for certain types of hearsay evidence to be admissible. For example, dying declarations (statements made by a person who believes they are about to die, concerning the circumstances leading to their death), and admissions against self-interest (statements which are detrimental to the person making them) may be admissible in court. The hearsay rule is an important part of our legal system, and helps to ensure that only reliable evidence is considered by the courts.

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