In California, the hearsay rule is governed by the California Evidence Code, specifically Section 1200. Hearsay is defined as an out-of-court statement offered to prove the truth of the matter asserted in the statement.
Key Definition of Hearsay:
- Hearsay is an out-of-court statement, made by someone other than the witness testifying, that is being offered to prove the truth of what the statement asserts.
California Evidence Code Section 1200:
“(a) Except as provided by statute, hearsay evidence is inadmissible.”
So, the general rule is that hearsay is inadmissible, unless there is an exception under the law or specific statutory provisions that allow it.
How to Object:
To object to hearsay in court, the attorney would typically state:
- “Objection, hearsay.”
When to Object:
You would object based on hearsay when:
- The witness testifies to what someone else said outside of court.
- The statement is being offered to prove the truth of the matter asserted in that statement.
Examples of Hearsay:
- A witness says, “I heard Jane say that Bob was at the scene of the crime.” This is hearsay because the witness is repeating a statement made by someone else (Jane) to prove Bob’s presence at the scene.
- A police officer testifies, “The victim told me that she was assaulted by the defendant.” This could be hearsay if the officer is offering the victim’s statement to prove that the defendant actually committed the assault.
Key Exceptions to Hearsay:
California recognizes several exceptions where hearsay may be admissible. Some of the most common include:
- Statements Against Interest (Evid. Code § 1230):
- If a statement is against the declarant’s interest (e.g., admitting to a crime or making an unfavorable statement), it may be admitted as an exception to hearsay.
- Admission by Party Opponent (Evid. Code § 1220):
- Statements made by the opposing party (the defendant in a criminal case or the opposing party in a civil case) can be used as evidence. This is known as an “admission.”
- Business Records (Evid. Code § 1271):
- Business records are an exception to hearsay if they are made in the regular course of business and meet certain criteria, like being created at or near the time of the event they document.
- Dying Declarations (Evid. Code § 1242):
- Statements made by a person who believes they are about to die, concerning the cause or circumstances of their death, can be admitted as an exception.
- Prior Inconsistent Statements (Evid. Code § 1235):
- A statement that is inconsistent with a person’s testimony may be admitted if it was made under oath or recorded.
- Excited Utterance (Evid. Code § 1240):
- A statement made under the stress of excitement caused by an event or condition is admissible if it relates to the event.
- Present Sense Impression (Evid. Code § 1241):
- A statement made describing or explaining an event while the event is occurring, or immediately thereafter, can be admissible.
- Official Records (Evid. Code § 1280):
- Public records that are created by government employees as part of their official duties can be an exception to hearsay.
Not Hearsay:
Not all out-of-court statements are hearsay. For instance:
- Non-hearsay statements are those that are not offered to prove the truth of the matter asserted. For example, a statement offered to show the effect it had on the listener, or to show that a statement was made (not its truth), is not hearsay.
- Example: A witness testifies, “John told me he saw the defendant at the crime scene.” If the purpose of the statement is to show that John was aware of the crime scene, and not to prove the truth of what John said (whether the defendant was at the scene), it might not be hearsay.
Practical Tips for the Objection:
- Understand the purpose of the statement: If the statement is being used to prove the truth of the matter asserted, it’s hearsay.
- Know the exceptions: If the statement falls within a recognized hearsay exception, it may be admissible.
- Context matters: Sometimes a statement may not be offered for the truth of the matter asserted but rather for another purpose (e.g., to show the declarant’s state of mind). This can make it not hearsay.
How to Object and What to Expect:
- When you object “Objection, hearsay”, the judge will often ask for a specific reason or clarification. The party offering the statement will then try to argue that it falls within an exception to the hearsay rule.
- If they succeed in showing the statement fits an exception, the judge will overrule the objection and allow the statement to come in.
Summary:
- Hearsay is an out-of-court statement offered for the truth of the matter asserted.
- It is generally inadmissible unless it falls within an exception.
- If you’re objecting, simply state: “Objection, hearsay.”
- Understand the exceptions to the hearsay rule and be prepared to argue whether a statement fits one of those exceptions if the opposing party challenges the objection.
