Define: Hearsay Rule

The hearsay rule is a fundamental principle of evidence law that restricts the admissibility of out-of-court statements offered for the truth of the matter asserted. In simpler terms, hearsay is any statement made outside of the current court proceeding that is offered as evidence to prove the truth of the matter stated. The rationale behind the hearsay rule is to ensure the reliability and accuracy of evidence presented in court by requiring firsthand testimony from witnesses who can be cross-examined and assessed for credibility.

There are exceptions to the hearsay rule that allow certain out-of-court statements to be admitted as evidence, such as statements made by a party opponent, statements made for medical diagnosis or treatment, and statements made in the course of business records, among others. However, these exceptions are narrowly construed to maintain the integrity of the judicial process and prevent the admission of unreliable evidence. Overall, the hearsay rule serves to promote fairness and reliability in legal proceedings by requiring that evidence presented in court meet certain standards of reliability and relevance.

Because the person who supposedly knew the facts is not in court to state his/her exact words, the trier of fact cannot judge the demeanour and credibility of the alleged first-hand witness, and the other party’s lawyer cannot cross-examine (ask questions of) him or her. However, as significant as the hearsay rule itself are the exceptions to the rule which allow hearsay testimony such as:

• a statement by the opposing party in the lawsuit which is inconsistent with what he/she has said in court (called an “admission against interest”);
• business entries made in the regular course of business, when a qualified witness can identify the records and tell how they were kept;
• official government records which can be shown to be properly kept;
• a writing about an event made close to the time it occurred, which may be used during trial to refresh a witness’s memory about the event;
• a “learned treatise” which means historical works, scientific books, published artworks, maps and charts;
• judgements in other cases;
• a spontaneous excited or startled utterance (“oh, God, the bus hit the little girl”);
• a contemporaneous statement which explains the meaning of conduct if the conduct was ambiguous;
• a statement which explains a person’s state of mind at the time of an event;
• a statement which explains a person’s future intentions (“I plan to?.”) if that person’s state of mind is in question;
• prior testimony, such as in deposition (taken under oath outside of court), or at a hearing, if the witness is not available (including being dead);
• a declaration by the opposing party in the lawsuit which was contrary to his/her best interest if the party is not available at trial (this differs from an admission against interest, which is admissible in trial if it differs from testimony at trial);
• a dying declaration by a person believing he/she is dying;
• a statement made about one’s mental set, feeling, pain or health, if the person is not available-most often applied if the declarant is dead (“my back hurts horribly,” and then dies);
• a statement about one’s own will when the person is not available;
• other exceptions based on a judge’s discretion that the hearsay testimony in the circumstances must be reliable.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March, 2024.