Hearsay Basics
What is the definition of hearsay?
An out-of-court statement offered to prove the truth of the matter asserted.
A witness testifies, “She shouted ‘He’s got a gun!’ right as the man ran out.”
Is this hearsay and if so, is there an exception?
Excited utterance
What is “character evidence”?
Evidence used to show a person’s general personality or disposition.
Name two common non-hearsay purposes for an out-of-court statement.
Effect on listener, state of mind, notice, impeachment.
A witness says, “I heard someone yell ‘watch out!’ before the crash.” Is it hearsay?
No — it’s not offered for its truth, but to show what was heard.
True or False: A text message can be hearsay.
True. It’s an out-of-court statement.
“The nurse wrote down the patient’s temperature in the chart at 8:00 p.m.”
Is this hearsay and if so, is there an exception?
Business record / record made in regular course of business
The prosecution offers evidence that the defendant is dishonest, even though the defense hasn’t raised character yet.
What’s the objection?
Objection, improper character evidence. The prosecution can’t introduce character evidence unless the defense opens the door first.
During direct examination, the attorney asks: “What did your boss say to you after you told him the defendant was late to work?”
Witness: “He said, ‘We can’t rely on that guy anymore.’”
Opposing counsel stands and objects: “Hearsay!”
You believe it’s not hearsay. What do you say? Please demonstrate.
“Your Honor, the statement isn’t offered for the truth of the matter asserted, but to show its effect on the listener — specifically, how it affected the witness’s state of mind or why the witness took certain action afterward.”
A teacher testifies that another teacher told her the student cheated. In what scenario would this be admissible?
This is likely hearsay if offered to prove the student cheated. It is admissible if offered to prove something else.
BONUS: If the statement were used to show the student's propensity to cheat, it may be character evidence.
If a witness testifies, “My friend told me the defendant confessed,” what’s the hearsay issue?
The friend’s statement is hearsay, offered for its truth.
During trial, a witness testifies:
“Right before leaving the house, the victim said, ‘I’m scared — I think Alex is going to hurt me.’”
Is this hearsay and if so, is there an exception?
State of mind
During trial, the prosecutor asks, “Isn’t it true the defendant got into fights in high school?”
What’s the proper objection, and why?
Objection, improper character evidence. Prior bad acts can’t be used to show the defendant acted in conformity with a violent character. It must fall under MIMIC.
Defense Attorney: “Ms. Lopez, you’ve known the defendant for years. Would you say she’s an honest person?”
Prosecutor: "Objection, Your Honor - improper character evidence."
Your answer?
We’re not offering it to prove she acted in conformity with that trait, but to show her credibility as a truthful person. The defense is allowed to introduce evidence of good character of the defendant through reputation or opinion testimony.
A witness says, “Right after the shooting, he yelled, ‘Call 911! He’s been shot!’”
Admissible under the excited utterance exception — statement made under stress of the event.
If the judge sustains your hearsay objection to a witness's answer, what should you do next?
Move to strike the portion of the witness's testimony that was hearsay from the record.
“Before dying, the victim said, ‘It was Alex who stabbed me.’”
Is this hearsay, and if so, what is the exception?
Dying declaration
During cross-examination, an attorney asks a witness,
“Isn’t it true that you have a reputation for being dishonest?”
When is this allowed, and which side can do it?
Evidence of a witness’s character for dishonesty is allowed only to attack or support credibility — not to prove conduct.
Either side may offer this once the witness’s credibility has been attacked.
The attorney asks, “You saw the fight, and you knew he was going to throw the first punch, didn’t you?” What objections apply? Please demonstrate how you would object in court.
Objection, compound and calls for speculation. It asks two questions at once and assumes knowledge of another’s intent.
During trial, a witness testifies:
“The defendant’s roommate told me, ‘It was my fault — I was the one driving when the crash happened, not Alex.’”
Opposing counsel objects: “Hearsay!”
When could this statement be admissible?
The statement could be admissible under the Declaration Against Interest exception.
The roommate (the declarant) is unavailable to testify and the statement was so against their own interest — admitting to criminal or civil liability — that a reasonable person wouldn’t have made it unless it was true.
What are the parts of a hearsay analysis?
1. Is it an out-of-court statement?
2. Is it offered for its truth of the matter asserted?
3. Is there an exception?
A witness testifies, “The defendant’s friend said, ‘I helped him hide the stolen money.’"
Is this hearsay, and if so, what is the exception?
Declaration against interest
A witness testifies, “I saw the defendant give money to a homeless person last week — they’re kind.”
What’s the issue with this evidence?
Objection, improper form of character evidence. Defense must show character of the defendant by reputation or opinion, not by specific acts.
A witness testifies, “My teacher told me that another student said the defendant confessed.”
What’s the objection, and what is a possible response? Please demonstrate.
Objection, hearsay within hearsay. It contains multiple out-of-court statements — each level must fit an exception to be admissible.
“Your Honor, the inner statement (the defendant’s confession) is an admission by party opponent, and the outer statement (the teacher’s report) falls under the excited utterance."
The defense calls a witness who says, “The defendant is the kindest person I know — they’d never steal.” When would this be allowed?
Admissible only if the defense opens the door with good character; otherwise, improper character evidence.