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.
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References in periodicals archive ?
Thus, Matatov was unable to lay a sufficient foundation for the admissibility of the NF-3 forms under the business records exception to the hearsay rule (see CPLR 4518 [a]; People v Brown, 13 NY3d 332, 341 [2009]; People v Cratsley, 86 NY2d 81,90 [1995]; Matter of Leon RR, 48 NY2d 117, 122-123 [1979]), and inadmissible hearsay is insufficient to establish a prima facie case entitling plaintiff to summary judgment (see generally Zuckerman, 49 NY2d at 562).
Pilarinos: Evaluating the Co-conspirators or Joint Venture Exception to the Hearsay Rule", Case Comment on R v Pilarinos, (2002) 2 CR (6th) 293 at 294-96 (arguing Starr's expansion of the principled approach creates a threshold for application of traditional hearsay exceptions).
Michael Fenner, The Residual Exception to the Hearsay Rule:
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. (21) Judicial authority generally supports the proposition that computer-generated information is a subset of the umbrella term "data compilation" for purposes of analysis under the business records exception.
hearsay rule. (85) In Standring, the government obtained printouts of
(a) Hearsay evidence is presumptively inadmissible unless it falls under an exception to the hearsay rule. The traditional exceptions to the hearsay rule remain presumptively in place.
This article will explore the unique nature of the hearsay rule and its exceptions that have created chaos among the various federal and state jurisdictions.
In Starr, our Court held that evidence falling within a traditional exception to the hearsay rule is presumptively admissible and that the exceptions should be interpreted in a manner consistent with the requirements of the principled approach: necessity and reliability.
And if that is not enough, the treatment of admissions and confessions at the threshold of the Constitution was actually as hearsay, but as excepted from the hearsay rule, just as were dying declarations.