Are Conversations Hearsay?
Hearsay is a statement made by someone other than the witness who is testifying in court. It is generally not allowed as evidence in a court of law because it is considered unreliable. But what about conversations that occur in day-to-day life? Are conversations hearsay?
The answer is yes and no. Day-to-day conversations are called “out-of-court statements,” and many of those statements fit the definition of hearsay. However, there are several exceptions to the rule against hearsay, and many attorneys and judges do not sufficiently understand the rule and its exceptions.
The Federal Rules of Evidence define hearsay as a statement made by someone other than the witness who is testifying in court. The statement must be offered to prove the truth of the matter asserted. For example, if a witness is testifying in court about a conversation they had with someone else, the conversation would be considered hearsay.
However, there are several exceptions to the rule against hearsay. These exceptions include statements made for the purpose of medical diagnosis or treatment, statements made in the course of a business transaction, and statements made by a person with personal knowledge of the facts.
In addition, some statements are not considered hearsay if they are not offered to prove the truth of the matter asserted. For example, if a witness is testifying about a conversation they had with someone else, but the conversation is not offered to prove the truth of the matter asserted, then it is not considered hearsay.
Finally, some statements are not considered hearsay even if they are offered to prove the truth of the matter asserted. These statements include those made by a party to the lawsuit, statements made by a witness who is testifying in court, and statements made by a person with personal knowledge of the facts.
In conclusion, conversations can be considered hearsay if they are offered to prove the truth of the matter asserted. However, there are several exceptions to the rule against hearsay, and many attorneys and judges do not sufficiently understand the rule and its exceptions. Therefore, it is important to consult an experienced attorney before relying on hearsay evidence in court.
Written by:
Nurul Azizah
16 November 2021