What is the hearsay rule and its exceptions?

Mr Placid	Hearsay is a statement, made out of court, that is being introduced to prove the matter asserted in the statement. Example: Cop testifies, "When I arrived at the scene of the accident, the victim said "A blue car hit me."" The statement "A blue car hit me" is hearsay if intended to prove that a blue car hit the victim. It's not hearsay if intended to prove that the victim was alive when the cop arrived at the scene of the accident. There are dozens of hearsay exceptions. If you want to read them, look at the Federal Rules of Evidence, rules 801 through 807. The federal rules are reasonably representative of the evidence rules in the 50 states, although there are some differences.

canuck arsongal	In essence, hearsay, I believe, is when someone speaking in court tries to tell about something someone else said or did. At least that's how Judge Judy describes it;)

MISS SARAH	Hearsay is the legal term that describes statements made outside of court or other judicial proceedings. Unless one of about thirty exceptions applies, hearsay is not allowed as evidence in the United States. The Hearsay Rule is an analytic rule of evidence that defines hearsay and provides for both exceptions and exemptions from that rule. There is no all-encompassing definition of hearsay in the United States. However, most evidentiary codes defining hearsay adopt verbatim the rule as laid out in the Federal Rules of Evidence, which generally defines hearsay as a "statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted. Historically, the rule against hearsay is aimed at prohibiting the use of a person's assertion, as equivalent to testimony to the fact asserted, unless the assertor is brought to testify in court where he may be placed under oath and cross-examined. Exceptions to the Hearsay Rule 1. There are many exceptions to the rule against hearsay, allowing hearsay evidence to be admitted at trial. The range of these exceptions and the flexible interpretation of the exceptions have contributed to the difficulties in applying the rule. However, the Criminal Justice Act 2003 (CJA 2003) simplifies and relaxes certain aspects of the rule and the exceptions to it. 2. The new provisions of the CJA 2003 came into force on 4 April 2005. They set out when hearsay evidence will be admissible and when it can be excluded. 3. The new provisions will apply only to trials begun on or after the date of commencement 1. 4. The CJA 2003 clarifies the position by making sketches, photofits etc. hearsay 2. The Act seeks to retain the distinction at common law between real evidence and hearsay. Evidence that is purely mechanically produced, such as a photograph or CCTV footage of an offence, is not subject to the hearsay rule. If evidence is produced by a computer or machine, but relays information that has been supplied by individuals, the hearsay rule will apply if the party seeks to rely on the printout to prove that what the person (supplier) said was true. 5. Section 129 CJA 2003 provides a further safeguard: â€œ(1) Where a representation of any fact â€“ 1. is made otherwise than by a person, but 2. depends for its accuracy on information supplied (directly or indirectly) by a person, the representation is not admissible in criminal proceedings as evidence of the fact unless it is proved that the information was accurate.â€ 6. Statements adduced pursuant to, and satisfying, section 129 are not hearsay. Because the document produced by mechanical means is not hearsay, there is no infringement of the rule against multiple hearsay (i.e. information passing through many hands in the course of business). If the information is accurate, there is nothing to prevent the accuracy of the data being proved by any admissible means. 7. Under section 114(1), evidence amounting to hearsay will be admitted by the court (subject to its general discretion to exclude evidence â€“ see para 48 below) if : 1. there are statutory provisions allowing it to be 3; 2. it falls within a common law exception preserved by section 118 CJA 2003; 3. the parties agree to it being admissible; or 4. the court is satisfied that it is in the interests of justice for it to be admissible (see below). 8. The new statutory exceptions introduced by the Act are replacements for sections 23 and 24 CJA 1988. 9. In deciding whether it is in the interests of justice for hearsay to be admitted (see above), the court must have regard to the factors set out in section 114(2) and any others it considers relevant4. 10. These exceptions overlap and hearsay may well be capable of being admitted under a new statutory provision, an old common law exception or the â€˜interests of justiceâ€™ discretion.