Legal Definition and Related Resources of Hearsay Evidence
Meaning of Hearsay Evidence
Such evidence as derives its value , not solely from the credit to be given to the witness upon the stand , but in part from the veracity and competency of some other person . Clement v Packer, 125 U.S. 309, 8 S.Ct. 907, 31 L.Ed. 721. A statement of which evidence is offered as tending to prove the truth of the matter intended to be asserted or assumed to be so intended except a statement made by a witness in the process of testifying at the present trial or contained in a deposition or other record of testimony taken and recorded pursuant to law for use at the present trial. model Code of Evidence, Rule 501. Also see federal rules of evidence , §801-805 Appendix 5. Evidence of a statement made by one other than the witness, not for the purpose of proving the truth of the statement, but to prove that such a statement was made where the fact of such making is relevant , is not hearsay evidence. See Loetsch v New York City omnibus Corp., 291 N. Y. 308,52 N.E.2d 448. Also, McManus v Feist, 76 Ill.App.2d 99, 221 N.E.2d418.
Hearsay Evidence Alternative Definition
That kind of evidence which does not derive its value solely from the credit to be given to the witness himself, but rests also, in part, on the veracity and competency of some other person. 1 Phil. Ev. 185; 1 Greenl. Ev. § 99. The terrii applies to written, as well as oral, matter. See “Evidence.”
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Hearsay Evidence in Historical Law
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Hearsay evidence in Law Enforcement
Main Entry: Law Enforcement in the Legal Dictionary. This section provides, in the context of Law Enforcement, a partial definition of hearsay evidence.
- Law Enforcement Officer
- Police Work
- Law Enforcement Agency
- hearsay evidence in A Dictionary of Law Enforcement (Oxford University Press)
- hearsay evidence in the Encyclopedia of Law Enforcement
- A Treatise on the Police of the Metropolis
English Legal System: Hearsay Evidence
In the context of the English law, A Dictionary of Law provides the following legal concept of Hearsay Evidence : Evidence of the statements of a person other than the witness who is testifying and statements in documents offered to prove the truth of what was asserted. In general, hearsay evidence is inadmissible (the rule against hearsay) but this principle is subject to numerous exceptions. In civil cases, the Civil Evidence Act 1995 abolished the rule against hearsay. The 1995 Act provides that what in civil litigation would formerly have been called “hearsay evidence” may be used when a notice of the intention to reply on that evidence is given. It is for the court to decide at trial what weight to put on any particular evidence, whether it is hearsay or not. At common law, there are numerous exceptions applicable to both civil and criminal cases, e.g. *declarations of deceased persons, evidence given in former trials, *depositions, *admissions, and *confessions. Some exceptions apply only to criminal cases, e.g. *dying declarations and statements admitted under the Criminal Justice Act 1988 (which makes most first-hand hearsay and certain business documents admissible).
See also admissibility of records; original evidence.