Hearsay

Hearsay evidence is "an out-of-court statement introduced to prove the truth of matter asserted therein". In certain courts, hearsay evidence is inadmissible (the "Hearsay Evidence Rule") unless an exception to the Hearsay Rule applies.

For example, to prove Tom was in town, the attorney asks a witness, "What did Susan tell you about Tom being in town?" Since the witness's answer will rely on an out-of-court statement that Susan made, Susan is not available for cross-examination, and it is to prove the truth that Tom was in town, it is hearsay. A justification for the objection is that the person who made the statement is not in court and thus is insulated from cross-examination. Note, however, that if the attorney asking the same question is not trying to prove the truth of the assertion about Tom being in town but the fact that Susan said the specific words, it may be acceptable. For example, it would be acceptable to ask a witness what Susan told them about Tom in a defamation case against Susan because now the witness is asked about the opposing party's statement that constitutes a verbal act.

The hearsay rule does not exclude the evidence if it is an operative fact. Language of commercial offer and acceptance is also admissible over a hearsay exception because the statements have independent legal significance.

Double hearsay is a hearsay statement that contains another hearsay statement itself. For example, a witness wants to testify that "a very reliable man informed me that Wools-Sampson told him". The statements of the very reliable man and Wools-Sampson are both hearsay submissions on the part of the witness, and the second hearsay (the statement of Wools-Sampson) depends on the first (the statement of the very reliable man). In a court, both layers of hearsay must be found separately admissible. In this example, the first hearsay also comes from an anonymous source, and the admissibility of an anonymous statement depends upon the discharge of an additional legal burden of proof.

Many jurisdictions that generally disallow hearsay evidence in courts permit the more widespread use of hearsay in non-judicial hearings.

The Sixth Amendment to the United States Constitution provides that "In all criminal prosecutions, the accused shall enjoy the right ... to be confronted with the witnesses against him".

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