Hearsay Evidence

Hearsay evidence is evidence that comes in the form of "I heard him say…" In legal courts, hearsay is not given much weight because it is prone to misinterpretation, and also because the statement was not originally made by the person under oath and open to cross examination.

Hearsay can also refer generally to statements made outside of court or other judicial proceedings. With few exceptions, 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 a witness 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 on the stand where he may be placed under oath and cross-examined.

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