Evidence
Hearsay
An out-of-court statement offered to prove the truth of what the statement asserts.
Governing rule: Fed. R. Evid. 801-802
Plain-English definition
Hearsay is one of the most misunderstood evidence rules. The same words may be hearsay or not depending on why they are offered. If the statement is offered to prove that what it said is true, the hearsay rule may apply; if offered for another purpose, it may not.
How it works
Even hearsay can be admitted if an exclusion or exception applies, such as party-opponent statements, business records, present sense impressions, or statements for medical treatment.
Why it matters
Hearsay objections decide whether juries hear emails, texts, reports, recordings, and secondhand statements.
Related terms
More in Evidence
Attorney-Client Privilege
A protection for confidential communications between attorney and client made for the purpose of seeking or giving legal advice.
Authentication
The requirement to show that evidence is what the offering party claims it is.
Burden of Proof
The obligation to prove a claim, defense, or issue to the required legal standard.
Business Records Exception
A hearsay exception for records kept in the regular course of business under reliable recordkeeping conditions.
Clear and Convincing Evidence
A heightened proof standard requiring evidence stronger than preponderance but below beyond a reasonable doubt.
Daubert Motion
A pre-trial challenge to the admissibility of expert testimony, asking the court to act as gatekeeper over scientific or technical evidence.
Expert Witness
A witness allowed to give opinion testimony because specialized knowledge will help the factfinder understand evidence or decide facts.
Motion in Limine
A pretrial motion asking the court to admit, exclude, or limit specific evidence before the jury hears it.
Not legal advice. Definitions are for general reference. Consult an attorney before relying on any term in a real case.