What is 'hearsay' and why is it generally inadmissible?

• A. An out-of-court statement offered for the truth; typically not admissible unless applicable exceptions
• B. A first-hand account
• C. A type of physical evidence
• D. A non-admissible document

Answer: (A)

Hearsay focuses on an out-of-court statement that is being offered to prove the truth of what it says. This matters because the person who made the statement isn’t in court to be cross-examined, so the statement’s reliability can’t be tested through observation, memory, or credibility. For that reason, hearsay is generally excluded unless a recognized exception or exclusion applies. The key idea is that the statement’s value lies in proving the truth of the matter asserted, and without the maker present, reliability is suspect. Exceptions and exclusions exist to permit certain out-of-court statements to come in when their circumstances show they are trustworthy enough, such as party admissions, excited utterances, present sense impressions, business records, or dying declarations, among others. If a statement isn’t offered for the truth of the matter or doesn’t meet an exception, it remains inadmissible under the hearsay rule.