Hearsay

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Hearsay

Evidence gathered from a second-hand or even further removed source. That is, the person giving hearsay evidence did not witness or experience the evidence himself/herself. In many jurisdictions, hearsay evidence is not admissible in court, especially in criminal proceedings. There are, however, a number of exceptions to this rule, notably if the original witness is unavailable or dead.
References in periodicals archive ?
Mary Morton, The Hearsay Rule and Epistemological Suicide, 74
The term "data compilation" makes one of its rare appearances in Article VIII of the FRE, and is expressly included as a record of a regularly conducted activity under the business records exception to the hearsay rule.
The hearsay rule thus furnishes the prime example of the complexity-aggravating tendencies of the additive method.
88) There are about thirty exceptions to the hearsay rule, but only a
The article will then briefly discuss, in Part IV, the hearsay rule and some of the exceptions that have been the subject of confusion for appellate courts.
5) Wigmore on Evidence, vol 5, 3d ed (Boston:Little, Brown and Company, 1940) "Future of the Hearsay Rule and its Exceptions", [section]1427.
The operator had signed a certificate describing the test and reporting the instrument-produced results, and the trial court admitted it under the business records exception to the hearsay rule.
Thankfully, there are a number of well-settled exceptions to the hearsay rule that will generally allow documents generated in public health investigations to be admitted.
The excited utterance exception to the hearsay rule is based on the experience that, under certain external circumstances of physical shock, a stress of nervous excitement may be produced which stills the reflective faculties and removes their control, so that the utterance which then occurs is a spontaneous and sincere response to the actual sensations and perceptions already produced by the external shock.
Part I explores the evolution of the modern present sense impression exception to the hearsay rule and highlights the central role of corroboration by a percipient witness in the advocacy leading up to the adoption of the exception.