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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hearsay rule also fits with the efficiency justification for the
JUSTICE BEGINS BEFORE TRIAL: HOW TO NUDGE INACCURATE PRETRIAL RULINGS USING BEHAVIORAL LAW AND ECONOMIC THEORY AND UNIFORM COMMERCIAL LAWS
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).
Without a timely denial, prima facie case requires only proof of mailing: Viviane Etienne Med. Care v Country-Wide Ins. Co
answer is plain: the policy of the hearsay rule is to exclude unreliable
Electronically stored information and the ancient documents exception to the hearsay rule: fix it before people find out about it
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).
Less evidence, better knowledge
Michael Fenner, The Residual Exception to the Hearsay Rule:
The reliability of assault victims' immediate accounts: evidence from trauma studies
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.
Testable reliability: a modernized approach to ESI admissibility
statements falls "within the same exception to the hearsay rule as
The validity of United States v. Nazemian following Crawford and its progeny: do criminal defendants have the right to face their interpreters at trial?
hearsay rule. (85) In Standring, the government obtained printouts of
Authenticity of archived websites: the need to lower the evidentiary hurdle is imminent
(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.
Realizing the potential of the principled approach to evidence
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.
Say what? Confusion in the courts over what is the proper standard of review for hearsay rulings
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.
Opposing Mr. Big in principle
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.
Overruling Crawford v. Washington: why and how

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