hearsay

hearsay.

1. Traditionally, testimony that is given by a witness who relates not what he or she knows personally, but what others have said, and that is therefore dependent on the credibility of someone other than the witness. • Such testimony is generally inadmissible under the rules of evidence.

2. In federal law, a statement (either a verbal assertion or nonverbal assertive conduct), 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. Fed. R. Evid. 801(c).

— Also termed hearsay evidence; secondhand evidence. Cf. original evidence under EVIDENCE. [Cases: Criminal Law 419; Evidence 314–324. C.J.S. Criminal Law § 856; Evidence §§ 227–228, 234, 259–266, 268–284, 319, 505–506.]

double hearsay. A hearsay statement that contains further hearsay statements within it, none of which is admissible unless exceptions to the rule against hearsay can be applied to each level (the double hearsay was the investigation’s report stating that Amy admitted to running the red light).Fed. R. Evid. 805.

— Also termed multiple hearsay; hearsay within hearsay. [Cases: Criminal Law 419(13); Evidence 314–324.]


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