Know the Exceptions to Hearsay
If your case escalates to litigation, you will need to prepare your evidence and face the opposing party for your case. If the other party uses what you said outside the court against you during litigation, your lawyer might object to this statement as “hearsay.”
However, not all hearsays are subjected to objection. Several exceptions to the rule of evidence allow a hearsay statement to be admissible in court.
We’ll discuss these hearsay exceptions in this blog post and help you understand your rights to present statement evidence during a trial.
What is Hearsay?
Under Federal and New Jersey law, hearsay is “an out-of-court statement admitted for the truth of the matter asserted.” Let’s take a closer look at these terms:
- An out-of-court statement: This is a statement by someone in court describing what the someone else said or wrote outside the courtroom.
- Admitted: This means a particular party brings hearsay statements as evidence during a formal trial.
- For the truth of the matter asserted: This means that the hearsay statements are used to prove that the contents of the statement are true.
What Do We Mean by Exceptions to Hearsay?
Hearsay statements are often inadmissible to the court, meaning you can’t use hearsay evidence to prove your claims in court. That’s because the person making the original statement is not in court and cannot be cross examined regarding the accuracy of the CT statement. However, there are exceptions to the rule against hearsay, which allows you to use them as valid evidence to the court:
Some of these exceptions are:
- Family records: Personal or family records or bibliographies concerning personal or family history.
- Medical statements: A statement relating to medical conditions, such as past or present symptoms and medical diagnosis or treatment. This also allows a statement that describes medical history as viable evidence.
- Present sense impression: These are statements made during or after the accident. These statements should outline what occurred and what caused the accident based on what the individual saw at the moment.
- Then-existing mental, emotional, or physical condition: This statement shows the declarant’s then-existing state of mind. This doesn’t require the declarant to express their exact account. Instead, this shows how they’re feeling at the moment.
- Documents showing interest in the property: Documents or statements assert an individual’s interest in a particular property, such as deeds and wills. You should also prove that a state’s statute authorizes recording documents in written form.
- Absence of a public record: If the court deems a record unavailable, destroyed, or a diligent search failed, the court may allow a statement describing what should have been included in that record.
Understand the Exceptions to Hearsay and Why it’s Important
The rule of hearsay exceptions is crucial because it allows you to use an out-of-court statement to prove your claim in court. This is especially important for cases occurring a long time ago wherein there aren’t any other ways to support a particular claim.
Contact Rossetti, DeVoto, PC
Personal injury cases are complicated and challenging to prove if you don’t have valid and admissible evidence. However, there are instances when you can use a hearsay statement as evidence.
At Rossetti, DeVoto, our lawyers know the rules of evidence and hearsay exceptions. If you need help with your case, our personal injury attorneys are ready to assist you. Contact us today for a free consultation! To read more of our content, visit the Blog page!