Legal Considerations for Using Hearsay as Evidence

Better understand how to effectively use the hearsay rule and its exceptions and exclusions.

The evidentiary rule of hearsay is frequently used to bar the introduction of highly probative evidence. Whether you are seeking to have hearsay admitted into evidence or you are resisting the hearsay, you must know this frequently used rule and its exceptions and exclusions. This topic is designed to review, generally, all aspects of the rule. This material will first discuss the basic hearsay rule and its application to testimony and documents. The content will then explore evidence that would otherwise be hearsay but for exclusions from the hearsay rule, such as statements of a party-opponent. The more frequently encountered exceptions to the hearsay rule will also be examined, such as the present sense impressions, excited utterances, existing mental or emotional condition, statements for medical diagnosis, records of regularly conducted activities, and others. The exceptions that apply when the declaration is unavailable will also be reviewed. After this topic, you should have a working knowledge of how to effectively use the hearsay rule.

Faculty

John A. Snow

Parsons Behle & Latimer