What is Hearsay?

Viewers of tv shows and movies about lawyers will be familiar with the concept of hearsay. It's one of the most common objection lawyers make during a trial. But what is it? 

Hearsay is information you receive from another person but you are attempting to share it. It is the report of another person's words by a witness.

These include statements like, "Bob told me the kids were home alone overnight" or "Brooke said my ex-husband is now working full-time". The person making those statements would like those statements to be accepted as the truth.

The problem is that the person with the actual information (Bob or Brooke) are not present to testify or be cross-examined. This is why this hearsay evidence is not admissible in court.

Statements made by an accused in a criminal trial or by the other side of a family or civil case are admissible because the person who made the original statement is available to testify if the statement is not true. For example, in a custody trial if dad testifies "my ex-wife said she spanked our son on Christmas Eve" it is admissible because mom can admit or deny the statement if she wishes.

There are however exceptions to the rule.

For example, if a witness quotes someone as part of their story but is not intending to present evidence, it is admissible. So if the witness makes comments like, "The police officer told me I was being charged with an assault and had to come to the station" or "James said it was cold out which is why I went back to the house for a sweater", the statement is not intended to be admitted for the truth of it.

Also, there can be hearsay statements in "business records" such as hospital records or police files. The author of those notes does not necessarily have to attend court.

Because of the difficulty of obtaining evidence from children, often because a trial can be years after an incident, child hearsay can be admissible in court in certain circumstances. The Judges are primarily focused on whether the hearsay is important to the case and if it is reliable.