In California, an objection to “hearsay” is raised when a question seeks to introduce a statement made outside of the courtroom, which is offered to prove the truth of the matter asserted. Under California Evidence Code section 1200, hearsay is generally inadmissible because it is considered unreliable. The reason for this rule is that the statement being questioned was not made under oath, and the opposing party did not have an opportunity to cross-examine the declarant. A common example of hearsay would be if a witness is asked, “What did Jane tell you about the accident?” and the response is used to prove the truth of Jane’s statement about the incident. Since Jane is not present to testify and be cross-examined, the statement is considered hearsay and is inadmissible unless it falls under a recognized exception.
However, there are numerous exceptions to the hearsay rule under California law, such as statements made under the belief of imminent death, business records, or statements made by a party opponent. These exceptions allow certain out-of-court statements to be admitted into evidence despite the hearsay rule, but the party offering such statements must establish the applicable exception. If the statement does not meet one of these exceptions, the objection to hearsay is likely to be sustained, and the court will typically exclude the testimony. The goal of the hearsay rule is to ensure that only reliable, verifiable information is presented to the jury or judge.
