hearsay

hearsay
A term applied to that species of testimony given by a witness who relates, not what he knows personally, but what others have told him, or what he has heard said by others. A statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted. Fed.R.Evid. 801(c).
Hearsay includes any statement made outside the present proceeding which is offered as evidence of the truth of matters asserted therein. Also included as hearsay is nonverbal conduct which is intended to be the equivalent of a spoken assertion. Such conduct is called assertive conduct.
Under Fed.R.Evid. Rule 801(a) conduct which was not intended as an assertion at the time it was done is not hearsay. Such conduct is called nonassertive conduct.
Fed.R.Evid. Rule 801(c) also provides that assertions which are offered to prove something other than the matter asserted are not hearsay.
@ hearsay evidence
Hearsay evidence is testimony in court of a statement made out of the court, the statement being offered as an assertion to show the truth of matters asserted therein, and thus resting for its value upon the credibility of the out-of-court asserter. Mutyambizi v. State, 33 Md.App. 55, 363 A.2d 511, 518.
Evidence not proceeding from the personal knowledge of the witness, but from the mere repetition of what he has heard others say. That which does not derive its value solely from the credit of the witness, but rests mainly on the veracity and competency of other persons. The very nature of the evidence shows its weakness, and, as such, hearsay evidence is generally inadmissable unless it falls within one of the many exceptions which provides for admissibility (see e.g., Fed.R.Evid. 803, 804).
@

Black's law dictionary. . 1990.

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  • hearsay — hear·say / hir ˌsā/ n: a statement made out of court and not under oath which is offered as proof that what is stated is true – called also hearsay evidence; Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. hearsay …   Law dictionary

  • Hearsay — Hear say (h[=e]r s[=a] ), n. Report; rumor; fame; common talk; something heard from another. [1913 Webster] Much of the obloquy that has so long rested on the memory of our great national poet originated in frivolous hearsays of his life and… …   The Collaborative International Dictionary of English

  • hearsay — [hir′sā΄] n. [< phrase to hear say, parallel to Ger hörensagen] something one has heard but does not know to be true; rumor; gossip adj. based on hearsay …   English World dictionary

  • hearsay — 1530s, perhaps mid 15c., from phrase to hear say …   Etymology dictionary

  • hearsay — n *report, rumor, gossip …   New Dictionary of Synonyms

  • hearsay — [n] unsubstantiated information clothesline*, comment, cry, gossip, grapevine*, leak*, mere talk*, noise*, report, rumble*, rumor, scandal, scuttlebutt*, talk, talk of the town*, word of mouth*; concepts 51,278 Ant. evidence, proof, reality,… …   New thesaurus

  • hearsay — ► NOUN ▪ information which cannot be adequately substantiated; rumour …   English terms dictionary

  • hearsay — A term applied to that species of testimony given by a witness who relates, not what he knows personally, but what others have told him, or what he has heard said by others. A statement, other than one made by the declarant while testifying at… …   Black's law dictionary

  • hearsay — noun VERB + HEARSAY ▪ be based on, rely on ▪ Her judgements are based on hearsay rather than evidence. HEARSAY + NOUN ▪ evidence PREPOSITION ▪ …   Collocations dictionary

  • Hearsay — Not to be confused with heresy. Hearsay is a legal term referring to the use of out of court statements as evidence.WorldwideUnited StatesUnless one of the many exceptions applies, hearsay is not allowed as evidence in the United States.England… …   Wikipedia

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