the basic rule that testimony or documents which quote persons not in court are
not admissible. Because the person who supposedly knew the facts is not in court
to state his/her exact words, the trier of fact cannot judge the demeanor and credibility
of the alleged first-hand witness, and the other party's lawyer cannot cross-examine
(ask questions of) him or her. However, as significant as the hearsay rule itself
are the exceptions to the rule which allow hearsay testimony such as a) a statement
by the opposing party in the lawsuit which is inconsistent with what he/she has
said in court (called an "admission against interest"); b) business entries made
in the regular course of business, when a qualified witness can identify the records
and tell how they were kept; c) official government records which can be shown to
be properly kept; d) a writing about an event made close to the time it occurred,
which may be used during trial to refresh a witness's memory about the event; e)
a "learned treatise" which means historical works, scientific books, published art
works, maps and charts; f) judgments in other cases; g) a spontaneous excited or
startled utterance ("oh, God, the bus hit the little girl"); h) contemporaneous
statement which explains the meaning of conduct if the conduct was ambiguous; i)
a statement which explains a person's state of mind at the time of an event; j)
a statement which explains a person's future intentions ("I plan to…. ") if that
person's state of mind is in question; k) prior testimony, such as in deposition
(taken under oath outside of court), or at a hearing, if the witness is not available
(including being dead); l) a declaration by the opposing party in the lawsuit which
was contrary to his/her best interest if the party is not available at trial (this
differs from an admission against interest, which is admissible in trial if it differs
from testimony at trial); m) a dying declaration by a person believing he/she is
dying; n) a statement made about one's mental set, feeling, pain or health, if the
person is not available-most often applied if the declarant is dead ("my back hurts
horribly," and then dies); o) a statement about one's own will when the person is
not available; p) other exceptions based on a judge's discretion that the hearsay
testimony in the circumstances must be reliable.
See also admission against interest dying declaration hearsay
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