Also known as: hearsay evidences · hearsay
Written by attorneys — see sources below.
An out-of-court statement that a party offers to prove the truth of the matter asserted in the statement. The definition requires both that the declarant made the statement outside the current proceeding and that the proponent offers it for its truth rather than for some other purpose.
Henry Hoffman sues Hannah Hughes for breach of a sales contract. At trial Henry calls a neighbor who recounts that Hannah told him two weeks earlier the goods were defective. The neighbor's testimony recounts an out-of-court statement offered to prove the goods were in fact defective.
The prosecution charges Hector Huerta with assault. An officer testifies that the victim told him at the scene that Hector started the fight. The victim is unavailable at trial and Hector had no prior opportunity to cross-examine the victim about the statement.
Helena Hoffman testifies at trial that she saw the defendant run the red light. The defense offers her earlier deposition testimony in which she stated under oath that the light was green. The deposition testimony is offered to prove the light was green as substantive evidence.
Hugo Hart, a U.S. citizen detained as an enemy combatant, seeks to contest the factual basis for his detention before a military tribunal. The government offers intelligence reports containing statements from third parties who did not appear. The tribunal permits the reports under relaxed evidentiary standards tailored to military exigencies.
Horizon Realty offers the deposition of a former employee to prove a key fact in a contract dispute. The employee now resides abroad and cannot be compelled to attend trial despite service of process and other reasonable efforts by the proponent.
Hector Hernandez is on trial for murder. A third party confessed to the crime in a detailed and corroborated statement but later became unavailable. The trial court excludes the confession under the hearsay rule even though the statement bears strong indicia of reliability and is critical to the defense.
A statement is not hearsay when offered to show the effect on the listener, the declarant's state of mind, or for impeachment rather than to prove the truth of the matter asserted.
Supporting sources
Testimonial hearsay is inadmissible against a criminal defendant unless the declarant is unavailable and the defendant had a prior opportunity for cross-examination.
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A prior inconsistent statement is not hearsay if the declarant testifies and is subject to cross-examination and the statement was given under penalty of perjury at a prior proceeding or deposition.
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Due process may require admission of reliable and critical exculpatory hearsay when rigid application of the hearsay rule would deprive the defendant of a fair trial.
Supporting sources
…matter. : Such statements are declarations by a party defendant that "would surmount all objections based on the hearsay rule . . ." and, at least as to the declarant himself, "would be admissible for whatever inferences" might be reasonably drawn. See United States v. Matlock , 415 U.S. 164, 172, 94 S.Ct.…