I will break that down. An oral statement is hearsay. A written statement is hearsay. A visual cue is hearsay.
The statement must also be offered for its truth value. Some statements have no truth value. An exclamation has no truth value. A question has no truth value, because it’s seeking the truth.
Hearsay Rule Auto Accidents-The Goal
The goal in using the hearsay rule is to assure trustworthiness. Trustworthiness simply means is it reasonably likely that the statement was in fact made and has been given proper attribution. That is, is attributed to the person who made it.
The courts recognize that, as is true with any rule, there are exceptions. In the case of the hearsay rule, the exceptions have swallowed up the rule. There are so many exceptions that it’s hard to understand them all.
Hearsay Rule Auto Accidents-The Exceptions
The exceptions are designed to provide instances where the hearsay statement may be admitted in the courtroom even though it is hearsay.
An admission by a party to a lawsuit is an exception. It is trustworthy because it’s made by a party saying something that is against their interest.
An excited utterance is an exception. It is admissible because it’s spontaneous and therefore trustworthy.
Statements that simply express the state of mind of the person making the statement are trustworthy. That is, the statement itself shows the person’s state of mind.
Statements made in the course of medical treatment are not hearsay. When a person seeks medical treatment, what they are telling the healthcare provider should be trustworthy because the person making the statement wants to get well.
Hearsay Rule Auto Accidents-More Exceptions
Business records that comply with certain rules are not hearsay. They are considered to be trustworthy because they comply with those rules.
A prior inconsistent statement is not hearsay. That prior statement is not being offered to prove the truth of a statement. It is offered to show that the person who made the statement is not telling the truth.
There are a host of other exceptions to the hearsay rule. The touchstone is trustworthiness. That is, does the statement have the general earmarks of being trustworthy? That doesn’t mean that the statement is true. It simply means that the statement was in fact made and that it was made by the person to whom it is attributed.
Call, or contact us for a free consult. Also for more info on hearsay see the Wikipedia pages. Also see the post on this site dealing with personal injury issues.
