A Guide to Hearsay Evidence (Meaning, Definition, Exceptions)

Law Venture

14 May 201913:30

EducationalLearning

32 Likes 10 Comments

TLDRIn this informative video, Jarrett Stone from Law Venture introduces the concept of hearsay in legal terms, explaining its definition, significance, and the rules surrounding it according to the Federal Rules of Evidence. He clarifies the difference between hearsay and non-hearsay, the importance of cross-examination in assessing witness credibility, and the exceptions to the hearsay rule, such as excited utterances. The video aims to provide a foundational understanding of hearsay, with additional resources available for deeper analysis.

Takeaways

📘 Hearsay is a legal term defined by Federal Rules of Evidence Rule 801, which includes statements made outside the courtroom offered to prove the truth of the matter asserted.
🔍 The video offers a free cheat sheet for the top 21 trial objections, including how to make, when to make, and how to respond to them.
👤 A 'declarant' is the person who made the statement, and it's important to note that a 'witness' is not always a 'declarant', and vice versa.
🚫 Hearsay is generally inadmissible under Rule 802, except where exceptions apply, such as federal statutes, the rules of evidence, or other Supreme Court rules.
🔑 The purpose of the hearsay rule is to ensure the credibility of statements by allowing cross-examination, which is not possible with out-of-court statements.
🗣️ Exceptions to the hearsay rule, detailed in Rules 803 and 804, assume that the statements are true based on certain conditions, like excited utterances made in the heat of the moment.
🔄 Hearsay can contain other hearsay (hearsay within hearsay), and each level must have an applicable exception.
⚖️ Rule 403 acts as a catch-all rule, which can exclude even non-hearsay or statements that meet a hearsay exception if they do not serve the interests of justice.
💬 Rule 806 allows for the attack or support of a declarant's credibility, which is crucial for establishing the reliability of their statement.
🔄 Rule 807 provides a catch-all exception for hearsay, which can be used when no other exception fits, and requires notice to the opposing party.
👍 The video encourages viewers to engage by liking, subscribing, and asking questions in the comments for further clarification.

Q & A

What is the primary topic discussed in the video?
-The primary topic discussed in the video is hearsay, including its meaning, definition, and various aspects related to its use in legal proceedings.
What is the recommendation for viewers at the beginning of the video?
-The recommendation for viewers is to download a cheat sheet with the 21 most common trial objections, which provides guidance on making, timing, and responding to these objections.
What does Rule 801 of the Federal Rules of Evidence define as hearsay?
-According to Rule 801, hearsay is defined as a statement made by a declarant outside of the current trial or hearing, which is offered in evidence to prove the truth of the matter asserted in the statement.
What is the definition of a 'statement' under Rule 801?
-A 'statement' under Rule 801 includes a person's oral assertion, written assertion, or nonverbal conduct if the person intended it as an assertion.
What is the distinction between a 'declarant' and a 'witness' in the context of hearsay?
-A 'declarant' is the person who made the statement, often outside of the witness stand and outside of the courtroom. A 'witness' is someone who testifies in court. A witness can also be a declarant if they are quoting a statement they made outside of court.
Why is the 'truth of the matter asserted' an important element in the definition of hearsay?
-The 'truth of the matter asserted' is important because it determines whether the statement is being offered to prove the substance of the statement itself, which would make it hearsay, or for another purpose, which might make it non-hearsay.
What is the difference between 'non-hearsay' and a 'hearsay exception'?
-Non-hearsay is never hearsay by definition, meaning it does not meet the criteria for hearsay and thus does not need an exception to be admitted into evidence. A hearsay exception, on the other hand, applies to a statement that is hearsay but is allowed into evidence under certain conditions.
Why is cross-examination important in the context of hearsay?
-Cross-examination is important because it allows the opposing side to test the credibility of a witness and their statements. This is crucial when dealing with hearsay, as the declarant is not available for cross-examination, which can affect the reliability of the statement.
What are the general assumptions behind hearsay exceptions?
-Hearsay exceptions generally assume that the facts applying to each exception are true, often based on circumstances that suggest the declarant was not able to fabricate or strategize their statement, such as in the case of excited utterances.
What is the significance of Rule 403 in relation to hearsay?
-Rule 403 is significant because it states that even if a statement is non-hearsay or satisfies a hearsay exception, it must still meet the requirements of Rule 403 to be admissible. This rule serves as a catch-all to prevent the admission of prejudicial or unfairly inflammatory evidence.
What does Rule 807 provide in the context of hearsay?
-Rule 807 provides a catch-all exception for hearsay, allowing a hearsay statement to be admitted if it is not otherwise covered by the other exceptions and if it meets certain fairness criteria, including a notice requirement.

Outlines

00:00

📚 Introduction to Hearsay in Law

The video script begins with an introduction to the concept of hearsay, its definition, and the various aspects that will be covered in the video. The speaker, Jarrett Stone, invites viewers to download a free cheat sheet outlining the 21 most common trial objections and encourages them to watch another video on the top 10 trial objections. The purpose of the video is to provide an overview of hearsay, including its definition according to the Federal Rules of Evidence Rule 801, which states that hearsay is a statement made outside of the current trial or hearing, offered to prove the truth of the matter asserted. The script also explains the importance of understanding the definitions of 'statement,' 'declarant,' and the purpose of hearsay in the context of legal proceedings.

05:01

🔍 Understanding Hearsay and Its Exceptions

This paragraph delves deeper into the concept of hearsay, focusing on the distinction between hearsay and non-hearsay, and the importance of this differentiation in legal arguments. It clarifies that non-hearsay has never been considered hearsay by definition, while hearsay exceptions are used to admit what would otherwise be inadmissible hearsay under certain conditions. The script discusses the role of cross-examination in testing the credibility of witnesses and the complications that arise when hearsay is introduced, as it cannot be cross-examined. It also introduces the exceptions to hearsay as outlined in Rules 803 and 804, highlighting the difference between exceptions that apply in all cases and those that apply when the declarant is unavailable.

10:03

📝 Hearsay Exceptions and Their Implications

The script continues by discussing the exceptions to the hearsay rule, using the example of an 'excited utterance' to illustrate how certain exceptions assume the truthfulness of a statement based on the circumstances in which it was made. It emphasizes the importance of understanding the underlying principles of honesty and truthfulness associated with these exceptions. The speaker also reminds viewers that even if a statement qualifies as non-hearsay or meets a hearsay exception, it must still satisfy Rule 403 before being admitted into evidence. The paragraph concludes with a brief mention of Rule 805, which addresses the concept of hearsay within hearsay, and Rule 806, which allows for the attack or support of a declarant's credibility.

👤 The Residual Hearsay Exception and Closing Remarks

The final paragraph addresses Rule 807, known as the residual hearsay exception, which serves as a catch-all for admitting hearsay statements that do not fit into other exceptions. It notes the importance of satisfying the notice requirement for this rule and the potential for its use in legal arguments. The speaker encourages viewers to ask questions in the comments if they have any doubts or need further clarification. The video concludes with a reminder to like and subscribe for more content, and the speaker looks forward to engaging with the audience in future videos.

Mindmap

Keywords

💡Hearsay

Hearsay refers to an out-of-court statement offered as evidence to prove the truth of the matter asserted within it. It is a legal term central to the video's theme, which discusses the definition, implications, and exceptions to hearsay in the context of the Federal Rules of Evidence. The video uses the example of a statement made by 'Bob' about Cinco DeMayo to illustrate how hearsay operates in a legal setting.

💡Federal Rules of Evidence Rule 801

This rule provides the definition of hearsay within the legal framework of the United States. It is integral to the video's educational content, as it lays the groundwork for understanding what constitutes hearsay. The script mentions Rule 801 to explain that hearsay involves a statement made outside the current trial, offered to prove the truth of the matter asserted.

💡Statement

In the context of hearsay, a 'statement' can be oral, written, or nonverbal conduct intended as an assertion. The video clarifies this concept by giving examples such as clicking a 'like' button as a nonverbal statement of enjoyment. This term is vital for grasping the scope of what can be considered hearsay.

💡Declarant

A 'declarant' is the person who made the statement that is the subject of hearsay. The video emphasizes that a declarant is not necessarily the same as a witness, often being someone who made a statement outside the courtroom. The term is used to distinguish between those who testify in court and those whose statements are offered as evidence without their presence.

💡Truth of the Matter Asserted

This concept pertains to the intention behind offering a statement as evidence—to prove the truth of the content of the statement. The video explains that if a statement is offered to prove its own substance, it is considered hearsay. For instance, if someone says 'today is Cinco DeMayo' to prove that it is indeed Cinco DeMayo, that's using the statement for the 'truth of the matter asserted'.

💡Non-Hearsay

Non-hearsay refers to statements that are not considered hearsay by definition and are therefore admissible in court. The video makes a clear distinction between non-hearsay and hearsay exceptions, emphasizing that non-hearsay was never hearsay to begin with. This is a crucial concept for understanding the admissibility of evidence.

💡Hearsay Exceptions

Hearsay exceptions are rules that allow certain hearsay statements to be admitted despite the general exclusionary rule. The video discusses Rule 803 and 804 as sources of these exceptions, with 803 applying broadly and 804 in situations where the declarant is unavailable. The script uses the example of 'excited utterance' to illustrate one such exception.

💡Cross-Examination

Cross-examination is a legal process where the opposing counsel questions a witness to test their credibility. The video relates this to hearsay by explaining that hearsay presents a problem for cross-examination because the declarant is not present to be questioned, thus hindering the jury's ability to assess the statement's credibility.

💡Rule 403

Rule 403 is a catch-all rule that allows for the exclusion of evidence if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury. The video mentions this rule in the context of admitting or objecting to hearsay evidence, emphasizing that all evidence, including hearsay, must satisfy this rule.

💡Hearsay within Hearsay

This concept, discussed under Rule 805, refers to a situation where a hearsay statement contains another hearsay statement within it. The video likens it to the movie 'Inception,' where each layer of hearsay requires its own exception, adding complexity to the admissibility of such evidence.

💡Credibility

Credibility in a legal context refers to the believability of a witness or declarant. The video connects this to cross-examination and the use of hearsay, noting that the purpose of cross-examination is to stress-test credibility. Hearsay can complicate this process, but Rule 806 allows for the attack or support of a declarant's credibility even if they are not a witness.

💡Residual Hearsay Exception (Rule 807)

Rule 807 is a catch-all exception for hearsay, allowing a statement to be admitted if the statement is offered as evidence and the proponent of the statement can demonstrate that it falls within the exception. The video suggests this as a last resort for admitting hearsay, noting the requirement for notice and the need to satisfy all elements of the rule.

Highlights

Introduction to the concept of hearsay in legal context.

Recommendation to download a cheat sheet on trial objections.

Definition of hearsay according to Federal Rules of Evidence Rule 801.

Explanation of 'statement' in the context of hearsay.

Clarification that a 'declarant' is not necessarily the same as a 'witness'.

Discussion on the purpose behind hearsay and its relation to witness credibility.

Importance of cross-examination in testing the credibility of witnesses.

Explanation of why hearsay is problematic during cross-examination.

Introduction to Rule 802 and its relevance to admissibility of hearsay.

Discussion on the rationale behind the hearsay rule.

Introduction to exceptions to hearsay under Rule 803 and 804.

Explanation of the difference between non-hearsay and hearsay exceptions.

The necessity of satisfying Rule 403 for hearsay exceptions.

Discussion on hearsay within hearsay and the need for multiple exceptions.

Rule 806 and its allowance to attack or support the credibility of a declarant.

Rule 807 as a catch-all for hearsay exceptions and its requirements.

Encouragement for viewers to ask questions and engage in the comments section.

Transcripts

Browse More Related Video

Present Sense Impression | Understanding Hearsay Exceptions

How to Analyze Hearsay on an Evidence Essay (Pt. 1): What is Hearsay? (FRE 801(c))

Top 10 Objections in Court (MUST KNOW)

003 Rules of Admissibility (Rule 130) | Rules on Evidence | by Dean Riano

Rules of Evidence and Objections Beginner

Impeachment of a Witness (FRE 607-609, 611, 613) [LEAP Preview — Evidence: 6/14]

A Guide to Hearsay Evidence (Meaning, Definition, Exceptions)

Takeaways

Q & A

What is the primary topic discussed in the video?

What is the recommendation for viewers at the beginning of the video?

What does Rule 801 of the Federal Rules of Evidence define as hearsay?

What is the definition of a 'statement' under Rule 801?

What is the distinction between a 'declarant' and a 'witness' in the context of hearsay?

Why is the 'truth of the matter asserted' an important element in the definition of hearsay?

What is the difference between 'non-hearsay' and a 'hearsay exception'?

Why is cross-examination important in the context of hearsay?

What are the general assumptions behind hearsay exceptions?

What is the significance of Rule 403 in relation to hearsay?

What does Rule 807 provide in the context of hearsay?