Hearsay in United States Law

Hearsay In United States Law

Hearsay is the legal term for testimony in a court proceeding where the witness does not have direct knowledge of the fact asserted, but knows it only from being told by someone. In general the witness will make a statement such as, "Sally told me Tom was in town," as opposed to "I saw Tom in town," which is direct evidence. Hearsay is not allowed as evidence in the United States, unless one of about thirty eight exceptions applies to the particular statement being made.

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 another person's statement, as equivalent to testimony by the witness to the fact. Unless the second person is brought to testify in court where they may be placed under oath and cross-examined.