What is hearsay, and name two common hearsay exceptions?

• A. Hearsay is an out-of-court statement offered to prove the truth of the matter asserted; common exceptions include the business records exception and excited utterance.
• B. Hearsay is any statement made in court; exceptions include character evidence.
• C. Hearsay is evidence that is always admissible; exceptions include opining.
• D. Hearsay is a type of physical evidence; exceptions include fingerprints.

Answer: (D)

Hearsay is an out-of-court statement offered to prove the truth of what the statement asserts. Because the person who spoke it isn’t testifying under oath in the courtroom, hearsay is treated with caution and is only admitted if it fits a recognized exception or is otherwise admissible through a rule.

Two common exceptions you’ll see are the business records exception and the excited utterance exception. The business records exception allows regularly kept records of a business, made in the normal course of business, to be admitted if properly authenticated. The excited utterance exception lets statements made about a startling event while the declarant is still under the excitement of the event be admitted, on the idea that the stress of the moment makes the statement more reliable.

What doesn’t fit hearsay: statements made in court are not hearsay because they’re sworn testimony given in the courtroom; a claim that hearsay is evidence that’s always admissible is false because many statements are excluded or restricted; and describing hearsay as a type of physical evidence (like fingerprints) misses that hearsay concerns verbal statements, not physical objects.