Hearsay

From the Latin From Old English 'hear' and 'say,' literally 'hear-say.'.

In one sentence

An out-of-court statement offered to prove the truth of what it asserts.

Plain English

Hearsay is a statement made outside of court that someone tries to use as evidence to prove something is true. The problem is that the original speaker isn't in court under oath, so the other side can't cross-examine them about whether they were lying, mistaken, or biased. Courts generally don't allow hearsay because it's unreliable. However, there are many exceptions—for instance, a dying person's statement about who shot them, or a statement made in the regular course of business, may be allowed even though it's technically hearsay.

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Example

You're in a lawsuit and want to testify that your friend told you the defendant was speeding. That's hearsay—you're using your friend's out-of-court statement to prove the defendant actually was speeding. Your friend isn't there to be questioned about what they saw. The judge will likely exclude this testimony unless it fits an exception.

Used in a sentence

“The prosecutor's attempt to introduce hearsay testimony was objected to by the defense attorney.”

Related terms

Evidence

Information, documents, or physical items presented in court to prove or disprove facts.

judgment

The court's final decision in a criminal case, determining guilt or innocence and imposing sentence.

adjudication hearing

A court proceeding where a judge hears evidence and makes a formal decision about a legal matter.

Affidavit

A written statement sworn under oath before an authorized official, used as evidence in court.

This page is a plain-English reference and is not legal advice. Laws vary by jurisdiction and change over time. For specific situations consult a licensed attorney.