Legal Definitions - hearsay exception

A hearsay exception is a specific rule that allows certain out-of-court statements to be presented as evidence in a legal proceeding, even though they would normally be excluded under the general "hearsay rule." These exceptions exist because the circumstances surrounding the statement provide strong reasons to believe the statement is reliable and truthful, despite the person who made it not being available for questioning in court.

• Excited Utterance: Imagine a witness to a car accident immediately after the collision shouts, "The blue truck ran the red light!"

  This spontaneous exclamation is an out-of-court statement. If offered in court to prove that the blue truck indeed ran the red light, it would typically be considered hearsay. However, because the statement was made under the immediate stress and excitement of witnessing a startling event, with no time to think or fabricate, the law considers it inherently reliable. Therefore, it can be admitted as evidence under the excited utterance exception.

• Business Records: Consider a hospital's medical chart entry detailing the exact dosage of medication administered to a patient at a specific time.

  The entry in the medical chart is an out-of-court statement. If offered to prove that the patient received that specific medication and dosage, it would normally be hearsay. However, because it is a record kept in the ordinary course of business, by someone with knowledge, and relied upon by the hospital for patient care, it is deemed reliable. Such a record can be admitted as evidence under the business records exception.

• Dying Declaration: Suppose a person who has been gravely wounded and believes they are about to die tells a paramedic, "Sarah pushed me down the stairs."

  This statement identifying Sarah is an out-of-court statement. If offered to prove that Sarah pushed the person, it would typically be hearsay. However, the law presumes that a person facing imminent death has no motive to lie, making such a statement inherently reliable. Therefore, it can be admitted as evidence under the dying declaration exception, provided certain other conditions are met.