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“Objection, Hearsay!”: What Does It Mean and How It Relates to Your Charlottesville Personal Injury Case

In Virginia law schools, a significant amount of time and attention is devoted to helping future lawyers understand the importance of the hearsay rule, as it is complex and may one day be vital to a case. Get hold of much more information concerning. This article may answer some of your questions.

You hear it all of the time on television court shows, “Objection! Hearsay!” But what exactly is hearsay?

What Is Hearsay?

In a Virginia personal injury case or wrongful death case, hearsay can be a defining factor in the courtroom. It is a straightforward concept with many complex exceptions. Hearsay is evidence in court that is a statement made out of court being offered for the truth of the matter asserted. The statement rests upon the credibility of the person who made the out-of-court statement.

The Hearsay Evidence Admissibility

Hearsay evidence is not admissible because there is no way for the opposing party to cross-examine the person who made the statement out of court. Cross-examination is one of the most important tenets of receiving a fair trial.

The rule barring hearsay includes oral and written statements, as well as nonverbal conduct or communication. An example of non-verbal conduct from an actual Virginia Supreme Court case is the police asking a defendant’s wife to bring them the shirt he was wearing when he came home. If the wife brought a shirt in but said nothing, her act is inadmissible because it is like a declaration that the defendant was wearing that particular shirt.

In addition to being a statement, it must also be offered to prove the truth of the matter asserted. A statement provided for any purpose other than to prove the truth of the matter asserted is not hearsay.

For example, a witness’s statement to a police officer would be admissible to explain why the officer arrested the defendant without a warrant. The statement is not being used to establish the truth of the case, but rather to explain why the police officer acted in a certain way.

Exceptions to the Hearsay Inadmissibility

While the general rule is that hearsay is not admissible, there are many exceptions to that rule. Some examples are:

• Admission about a party opponentis a statement by the defendant or plaintiff against their own interest.
• Present sense impressionis a spontaneous excited statement provoked by a startling event, describing that event contemporaneously.
• Existing mental, emotional and physical condition pertains to a statement of the declarant’s then existing state. The declarant’s condition may grant insight into the case, revealing intent, motive, pain or bodily health.
• Business recordsare not considered hearsay if they are records kept in the ordinary course of regularly conducted business activity and there is a regular practice to keep such records.
• Public records and reports, such as police reports, and records of vital statistics, such as birth or marriage certificates, are also admissible in court.

If the declarant is unavailable, there are some other exceptions to the hearsay rule and some statements may be admissible. Examples of these exceptions are:

• A former testimony that was given under eyes at a hearing or deposition is admissible in court.
• A statement made under the impression that death was imminent and therefore conditions regarding their life were non-essential is admissible.
• A statement against interest is a statement made by a declarant against their own interest and possibly subjecting themselves to criminal liability. If the information is proven reliable, it is admissible.

While the general rule is that hearsay is not admissible, there are many, many exceptions and additions to those listed above. Many cases hinge upon whether a statement is admissible to be heard by the jury.

Final Thoughts on the Hearsay Objection Rules

This is just a quick overview of the hearsay rule. It is certainly not all-encompassing. In law school, a significant amount of time and attention is spent making future lawyers understand the importance and significance of the hearsay rule, as it is complex and may one day be vital to a case.

So, the next time you’re watching reruns of Law & Order and the prosecutor says “Objection, hearsay!”, you will have a better understanding of what that means.