We’ve all heard it in movies, “Objection, your honor!! Hearsay!” But what does that mean?
Hearsay, especially in a car accident case, is one of the most confusing rules of evidence that law students have to learn, and one of the most useful rules for an attorney to have at trial. Hearsay is a rule of evidence that prohibits certain types of statements from being introduced at trial. Hearsay can be best thought of “he-said she-said” statements. Hearsay testimony is prohibited when a witness repeats an oral or written statement, or nonverbal conduct, made outside of the trial by another person and presented to the court as true. In other words, if you hear someone say something, you cannot say it to the court. Finding out these statements often occurs during a deposition with a court reporter.
You may wonder why courts have this rule. Our court systems try hard to ensure that any and all information presented before the court is as true and accurate as possible while also ensuring that trials run efficiently. If hearsay were allowed to be introduced at trials, testimony could be introduced that is not true and accurate, or witnesses could go back and forth bickering over who said what. To avoid these pitfalls, courts do not allow the introduction of hearsay, and instead limit testimony to things that a witness knows from firsthand knowledge.
There are exceptions to rules of hearsay. Here are some of the most common hearsay exceptions in DC.
· Statement against interest - A statement by the opposing party admitting something that is not in his best interest.
· Excited utterance – If someone says something without thinking, but as an instinct or reaction.
· Deathbed statement – A statement made when a person reasonably and honestly believes they are about to die about the circumstances of their death.
· Statement for medical diagnosis – A statement made by a patient to a doctor for the purpose of the doctor diagnosing a condition or administering medical treatment.
· Present sense impression – A statement made while or immediately after a person perceived an event or condition (such as live tweeting!)
· Declarant unavailable – If the person who made the statement is not available to come to court, must often because they are dead or physically or mentally ill, their statement may be admitted anyway.
Although rules of evidence vary from state to state, hearsay is one of the rules that is virtually the same across the country. Whether you’re in DC, Maryland, or Virginia the definition of hearsay is almost the same … but be sure to check the specific rules with a lawyer. If you would like to know what you may or may not say during trial, you should call and ask your attorney.
Wayne Cohen is a trial lawyer. He also currently serves as an adjunct law professor at the George Washington University School of Law.
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