Is Any Statement Made Out of Court Considered Hearsay?

As you might know, evidence that constitutes “hearsay” is not generally allowed to be used in a court case unless the particular type of hearsay falls into one of the exceptions under Rule 803 of the Indiana Rules of Evidence. Yet it can be hard to understand exactly what this means in general, and what it could mean for your case.

The legal concept of “hearsay” is a particularly difficult one to understand, and it is an especially complicated legal concept that often arises in criminal cases in Indiana. There is a general colloquial understanding of what hearsay entails, which most people assume to simply mean something somebody said outside the courtroom. Yet hearsay is actually much more nuanced than this, and it is not true that hearsay is a term that refers to any statement at all made out of court. Our Indianapolis criminal defense attorney can discuss the definition of hearsay in more detail, and we can explain what types of statements are typically excluded because they are considered to be hearsay under Indiana law.

Defining Hearsay in Indiana 

The definition of hearsay does include a statement made outside court, but the definition is narrower than that. Under Rule 8-1 of the Indiana Court Rules, hearsay means “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.”

In other words, hearsay is always a statement made outside court (i.e., outside a trial or hearing), but in order to be hearsay, the statement must also be a statement that has been “offered to prove the truth of the matter asserted.” What does that second part mean in practice?

Understanding Statements Offered to Prove the Truth of the Matter Asserted 

What is a statement that is offered to prove the truth of the matter asserted? In short, a statement is only hearsay, generally speaking, if it asserts a fact or fact in some fashion, and then it must be offered in court in order to prove the truth of that fact or set of facts. To put that another way, a statement is only hearsay if it is offered to prove the truth of a fact that has been put forth.

Sometimes it is easier to understand what hearsay is not in order to understand what it is. Generally speaking, statements that are offered to do any of the following are not offered to prove the truth of a fact asserted:

• Statement used to impeach a witness (if a witness’s statements have been inconsistent, for example);
• Statement used to rehabilitate a witness (in the event another statement was used to impeach);
• Statement used to get at a person’s subjectivity or state of mind; or
• Statement providing notice of dangerous conditions (such as a work order).

There are many other kinds of statements that are also not offered to prove the truth of a fact asserted.

Contact Our Indianapolis Criminal Defense Attorneys for Assistance Today 

If you are facing any type of criminal charges in Indiana, it is important to seek legal help with your defense. Whether you are facing misdemeanor or felony charges, you could be facing jail time in addition to substantial monetary fines and other consequences that can come with a criminal conviction. One of the experienced Indianapolis criminal lawyers at Rigney Law LLC can speak with you today to learn more about the charges you are facing and to begin discussing defense strategies with you. Contact us for more information about how we can assist you.

Source: 

rules.incourts.gov/Content/evidence/default.htm