Hearsay
HEARSAY EVIDENCE
NOTE: These types of questions MAY only be asked when the questioning attorney has information that indicates that the conduct has ACTUALLY happened. Any out of court statement that is offered to prove the truth of the comments of the statement is hearsay. These statements are generally INADMISSIBLE in a trial.
EXAMPLES:
> Joe is being tried for murdering Henry. The witness MAY NOT testify, “Ellen was there, and SHE TOLD ME
THAT JOE KILLED HENRY.” The underlined statement is hearsay and WOULD NOT be permitted at the trial.
> In a CIVIL CASE arising from an automobile accident, a witness MAY NOT testify, “I HEARD A BY-STANDER
SAY THAT JOE RAN THE RED LIGHT.”
> Sandy says, “I'VE HEARD THAT JACK HAS A CRIMINAL RECORD.”
EXCEPTIONS TO THE HEARSAY RULE:
1. The statement (called the ADMISSION) was made by a party in the case and it contains evidence, which goes against
his/her side (e.g. in a murder case, the defendant told someone that he/she committed the murder).
EXAMPLE: Joe is being tried for murdering Henry. The witness MAY testify, “Joe told me that he killed Henry.”
2. The statement describes the then-existing STATE OF MIND of a person in the case, and that person's state of mind is
an important part of the case.
EXAMPLE: In the case, the witness MAY testify, “I once heard Joe say, “I'm going to get even with Henry if it's the
last thing I do.”
3. State statement is an “DYING DECLARATION”
EXAMPLE: Kimberly is shot in the chest and falls into the arms of Mark. Kimberly says, “I never thought she'd really
do it, Allison shot me.” Kimberly then dies and Mary MAY testify that her dying words implicate Allison as the
murderer.
4. The statement is a “EXCITED UTTERANCE”
EXAMPLE: Mark sees Allison with a gun and it's pointed at his friend, Kimberly. Mark yells, “Run Kim, Allison's got a
gun and she's after you.” Kimberly is subsequently shot. Jill who's back was turned, MAY testify that she heard
Mark warn Kimberly.
Opinion Testimony
OPINION TESTIMONY:
As a general rule, witnesses MAY NOT give opinions, but “EXPERTS” who have special knowledge or qualifications may.
An EXPERT must FIRST be “qualified” by the attorney who calls him/her. This means that before an expert may be asked and may give an opinion, the questioning attorney MUST bring out the expert's qualifications and experience.
All witnesses MAY give opinions about what THEY SAW, HEARD at a particular time, if such opinions are relevant to the facts at issue and are helpful in explaining their story. A witness MAY NOT, however, testify to any matter of WHICH HE OR SHE HAS NO PERSONAL KNOWLEDGE.
EXAMPLES
> The witness may say, “Roy was drunk. He had slurred speech; he staggered and smelled of alcohol.”
> A psychiatrist could testify that, “Roy has severe eating problems”, but only after the lawyer has qualified
the psychiatrist as an expert through a series of questions about his/her background and experience in a
particular field.
> The witness works with the defendant but has never been to the defendant's home or seen the defendant
with her children. The witness may not testify that the defendant has a bad relationship with her children or
that she is a bad mother, because the witness has no personal knowledge of this.