Hearsay evidence


HEARSAY EVIDENCE. The evidence of those who relate, not what they know themselves, but what they have heard from others.
     2. As a general rule, hearsay evidence of a fact is not admissible. If any fact is to be substantiated against a person, it ought to be proved in his presence by the testimony of a witness sworn or affirmed to speak the truth.
     3. There are, however, exceptions to the rule. 1. Hearsay is admissible when it is introduced, not as a medium of proof in order to establish a distinct fact, but as being in itself a part of the transaction in question, when it is a part of the res gestae. 1 Phil. Ev. 218; 4 Wash. C. C. R. 729; 14 Serg. & Rawle, 275; 21 How. St. Tr. 535; 6 East, 193.
     4.-2. What a witness swore on a former trial, between the same parties, and where the same point was in issue as in the second action, and he is since dead, what he swore to is in general, evidence. 2 Show. 47; 11 John. R. 446; 2 Hen. & Munf. 193; 17 John. R. 176; But see 14 Mass. 234; 2 Russ. on Cr. 683, and the notes.
     5.-3. The dying declarations of a person who has received a mortal injury, as to the fact itself, and the party by whom it was committed, are good evidence under certain circumstances. Vide Declarations, and 15 John. R. 286; 1 Phil. Ev. 215; 2 Russ. on Cr. 683.
     6.-4. In questions concerning public rights, common reputation is admitted to be evidence.
     7.-5. The declarations of deceased persons in cases where they appear to have been made against their interest, have been admitted.
     8.-6. Declarations in cases of birth and pedigree are also to be received in evidence.
     9.-7. Boundaries may be proved by hearsay evidence, but, it seems, it must amount to common tradition or repute. 6 Litt. 7; 6 Pet. 341; Cooke, R 142; 4 Dev. 342; 1 Hawks 45; 4 Hawks, 116; 4 Day, 265. See 3 Ham. 283; 3 Bouv. Inst. n. 3065, et seq. 10. There are perhaps a few more exceptions which will be found in the books referred to below. 2 Russ. on Cr. B. 6, c. 3; Phil. Ev. ch. 7, s. 7; 1 Stark. Ev. 40; Rosc. Cr. Ev. 20; Rosc. Civ. Ev. 19 to 24; Bac. Ab. Evidence, K; Dane's Ab. Index, h.t. Vide also, Dig. 39, 3, 2, 8; Id. 22, 3, 28. see Gresl. Eq. Ev. pt. 2, c. 3, s. 3, p. 218, for the rules in courts of equity, as to receiving hearsay evidence 20 Am. Jur. 68.

References in periodicals archive ?
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Admittedly, the judge generally makes a preliminary judgment about the reliability of the information in determining whether to admit the hearsay evidence. Hence, one might think that it is sufficient for epistemic purposes for the judge to make a determination of reliability, which is what the approaches currently in vogue tend to call for.
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(10) This Note addresses the current discrepancies in Massachusetts law surrounding the admissibility of hearsay evidence at probation violation proceedings.
In this appeal, one of D's claims of error was that the Judge had erred by admitting hearsay evidence. One such witness, W1, was a private investigator whom V had hired to observe D's extramarital activities in Vermont.
Then a legal determination as to the admission of this hearsay evidence will be made by the court after the lawyers have presented their legal arguments about its admissibility
Bailey's court-appointed lawyer, countered that the prosecution only had "all hearsay evidence," that other people were in the building
All over the world even a student of law is familiar with the legal concept of 'Hearsay Evidence' which, generally speaking, is an information or fact collected by a person from another person in relation to a particular event, of which the first person had no direct experience.