What is Hearsay Evidence?

Anyone who is being prosecuted for a criminal offense in Indiana should learn more about hearsay evidence and when it can and cannot be used against them in the prosecution’s case. There are many misconceptions about hearsay evidence, and the term is often used in a colloquial sense. For example, when a person refers to a statement made by somebody else who isn’t present, that person might be told something along the lines of, “that comment is just hearsay.” In other words, colloquially, “hearsay” is often thought of as some kind of statement or fact that another person is repeating without the original speaker being present.

This colloquial understanding is connected to the legal definition of hearsay evidence, but it is important to understand the specific definition used in Indiana law and when exceptions can apply.

Defining Hearsay Under Rule 801 of the Indiana Rules of Evidence 

Under Rule 801 of the Indiana Rules of Evidence, hearsay is defined as “a statement that: 1) is not made by the declarant while testifying at the trial or hearing; and 2) is offered in evidence to prove the truth of the matter asserted.” The Rules of Evidence define a statement as “a person’s oral assertion, written assertion, or nonverbal conduct if the person intended it as an assertion.” The Rules also define a declarant as “the person who made the statement.”

Accordingly, in simpler terms, hearsay is an assertion made by a person who is not testifying at a trial or hearing when that person’s assertion is being used as evidence to prove that an alleged fact is the truth. For a statement to be hearsay, both of those elements must exist.

Understanding What Hearsay Is Not According to Rule 801 of the Indiana Rules of Evidence 

Rule 801 is also clear about what hearsay evidence is not — when an assertion is not hearsay. A “declarant-witness’s prior statement” is not hearsay if it is inconsistent with the declarant’s testimony, or is inconsistent with the declarant’s testimony and is offered to rebut the idea that the declarant made up the testimony, or is an identification of a person that occurred “shortly after perceiving the person.” An “opposing party’s statement” is also not hearsay in a range of circumstances.

Exceptions to Hearsay Under Rule 803 of the Indiana Rules of Evidence 

There are many exceptions to the rule against hearsay, which means that hearsay evidence can be admitted into a trial or hearing as evidence even if it meets the definition of hearsay. There are a total of 23 exceptions to the rule against hearsay under Rule 803 of the Indiana Rules of Evidence. Some of the most commonly used exceptions (in order to have hearsay evidence entered into a trial) include but are not limited to:

• Present sense impression;
• Excited utterance;
• Recorded recollection;
• Records of a regularly conducted activity;
• Public records; and
• Reputation concerning character.

Contact an Indianapolis Criminal Defense Lawyer Today 

Whether you have specific concerns about hearsay evidence being used against you in your criminal case, or you need help in general with a defense strategy when you know that various forms of evidence may exist against you, it is critical to seek legal help. An experienced Indianapolis criminal defense lawyer at Rigney Law LLC can speak to you today to learn more about the charges you are facing and to discuss possible defense strategies.

Sources:

casetext.com/rule/indiana-court-rules/indiana-rules-of-evidence/rules/rule-801-definitions#:~:text=means%20a%20statement%20that%3A%20

casetext.com/rule/indiana-court-rules/indiana-rules-of-evidence/rules/rule-803-exceptions-to-the-rule-against-hearsay-regardless-of-whether-the-declarant-is-available-as-a-witness