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Simple English definitions for legal terms
hearsay exception
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A quick definition of hearsay exception:
Hearsay Exception: A rule that allows certain statements to be admitted in court even though they would normally be considered hearsay (secondhand information). This is because the circumstances surrounding the statement make it reliable. For example, if a child under ten years old tells someone about physical or sexual abuse, and the child is not able to testify in court, their statement may be allowed as evidence if the court determines it is trustworthy.
A more thorough explanation:
A hearsay exception is a deviation from the hearsay rule, which allows the admission of otherwise inadmissible statements because the circumstances surrounding the statements provide a basis for considering the statements reliable.
The tender-years hearsay exception is a hearsay exception for an out-of-court statement by a child ten years of age or younger, usually describing an act of physical or sexual abuse. This exception applies when the child is unavailable to testify, and the court determines that the time, content, and circumstances of the statement make it reliable.
For example, if a child tells their teacher that they were physically abused by their parent, and the child is too young or traumatized to testify in court, the teacher's testimony about what the child said may be admissible under the tender-years hearsay exception.
This exception is important because it allows the court to consider evidence that would otherwise be excluded due to the hearsay rule, while still ensuring that the evidence is reliable and trustworthy.