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Federal Evidence β’ Hearsay
EVID#015
Legal Definition
Hearsay exclusions are statements that are excluded from the hearsay rule and are not considered to be hearsay even though they seem like they may be.
Plain English Explanation
The purpose of the hearsay rule is to prevent unreliable, untested statements from being used as evidence in court. However, some types of out-of-court statements are considered reliable even though they appear as if they are hearsay. Given their value, these reliable types of statements are explicitly excluded from the hearsay rule and can be allowed as evidence. For example, an "excited utterance" made by a crime victim right after the crime occurs is seen as being spontaneous and genuine. So even though it is an out-of-court statement being used to prove the truth of what it asserts, it is admissible. Hearsay exclusions exist to allow these reliable kinds of hearsay into evidence.
We will be diving into each hearsay exclusion later in their own cards.
We will be diving into each hearsay exclusion later in their own cards.
Visual Aids
Related Concepts
What are the California-specific hearsay exceptions requiring unavailability of the witness?
What are the California-specific hearsay exceptions that don't care whether the witness is available or not?
What are the Federal hearsay exceptions requiring unavailability of the witness?
What are the Federal hearsay exceptions that don't care whether the witness is available or not?
What are the Federal hearsay exclusions?
What is a hearsay exception?
What is hearsay?