A statement is hearsay when it was made outside the current proceeding and is offered to prove the truth of the matter asserted. The concern is that the declarant was not under oath and cannot be cross-examined.
A statement offered for a purpose other than its truth, such as showing notice or explaining subsequent conduct, is not hearsay at all.
Alternative Names:
Hearsay Evidence, Out-of-Court Statement
Why it Matters?
Hearsay analysis governs whether large categories of litigation evidence come in: incident reports, statements to investigators, provider notes recording patient history, and third-party communications. The most useful practical move is often reframing the purpose. A statement offered to show a defendant had notice of a hazard is not hearsay, even though the same statement offered to prove the hazard existed would be.
Frequently Confused with
Related terms
Frequently asked questions
When is an out-of-court statement not hearsay?
Why is hearsay excluded?
