What is Hearsay?

What is Hearsay?

• A. Legal definition: Out of court statement offered to prove the truth of the matter asserted. Not usually allowed.
• B. A type of documentary evidence admissible without foundation.
• C. A question asked during direct examination.
• D. An exhibit presented at trial.

Answer: (A)

Hearsay is an out-of-court statement offered to prove the truth of what the statement asserts. The reason this matters is that statements made outside the courtroom aren’t subject to the defender’s cross-examination, so they’re generally excluded from evidence unless a recognized exception applies. If a statement is admitted for a purpose other than proving its truth—such as showing its effect on the listener or notice—it may be allowed, but not for proving the truth of the matter asserted. The other descriptions—documentary evidence admissible without foundation, a question asked during direct examination, or an exhibit presented at trial—refer to different kinds of evidence or trial activity and don’t define hearsay.

Hearsay is an out-of-court statement offered to prove the truth of what the statement asserts. The reason this matters is that statements made outside the courtroom aren’t subject to the defender’s cross-examination, so they’re generally excluded from evidence unless a recognized exception applies. If a statement is admitted for a purpose other than proving its truth—such as showing its effect on the listener or notice—it may be allowed, but not for proving the truth of the matter asserted. The other descriptions—documentary evidence admissible without foundation, a question asked during direct examination, or an exhibit presented at trial—refer to different kinds of evidence or trial activity and don’t define hearsay.