{"id":352275,"date":"2023-11-28T14:58:00","date_gmt":"2023-11-28T19:58:00","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/criminal\/criminal-procedure\/hearsay-evidence.html"},"modified":"2023-11-28T14:58:00","modified_gmt":"2023-11-28T19:58:00","slug":"hearsay-evidence","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-procedure\/hearsay-evidence.html","title":{"rendered":"Hearsay Evidence"},"content":{"rendered":"\n
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Hearsay Evidence<\/h1>\n
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\n By Sarah Williams, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Key Takeaways<\/h2>\n

The rule against hearsay evidence in criminal cases is deceptively simple but full of exceptions. At its core, the rule against using hearsay evidence aims to prevent secondhand statements from getting admitted in the trial as evidence, given their potential unreliability. It prevents the use of gossip to convict someone.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\r\n

This article discusses the definition of hearsay and some of the most common exceptions to the rule.<\/p>\r\n

Hearsay Rule Defined<\/h2>\r\n

Hearsay is an out-of-court statement used to prove the truth of what was said.<\/a> For example, a police officer testifies about what an eyewitness said to them at a crime scene. In general, prosecutors can’t use this testimony to actually prove what happened.<\/p>\r\n

These out-of-court statements are not limited to only spoken words. They can also be documents, written statements, or body language. For example, nodding is non-verbal conduct to indicate yes.<\/p>\r\n

Exceptions to the Rule Against Hearsay Evidence<\/h2>\r\n

Under the general rule, hearsay is not admissible in court<\/a> unless a statute or rule provides otherwise. So, even if a statement is hearsay that was made out of court and not under oath, it may still be admissible if an exception applies. The Federal Rules of Evidence<\/a> (FRE) contain nearly thirty exceptions to the hearsay rule.<\/p>\r\n

Generally, state criminal law follows the rules of evidence<\/a> as provided in the Federal Rules of Evidence, but not in all cases. The states can and do vary as to the exceptions that they recognize.<\/p>\r\n

Most Common Hearsay Exceptions<\/h2>\r\n

There are twenty-three exceptions in the federal rules.<\/a> These allow for the admission of out-of-court statements, even if the person who made them, known as the declarant, is available to appear in court. However, only a handful of these are regularly used. The three most popularly used exceptions are:<\/p>\r\n