What is Hearsay in Indiana?
People are often familiar with the term ‘hearsay,’ typically because they have heard it used in television shows and movies. However, few people are aware of the legal definition of the term or the 23 exceptions to the “hearsay rule.” Our Indianapolis criminal defense lawyers explain the definition of hearsay below and when objections can be raised for inadmissible testimony.
What is Hearsay in Indiana?
In Indiana, hearsay is an out-of-court statement that someone tries to use in a trial to prove that what the statement says is true. Statements can be written or oral, but they must be made by someone other than the individual testifying in court. In Indiana, hearsay evidence is generally inadmissible unless it falls under one of the exceptions.
What is the Purpose of the Hearsay Rule in Indiana?
Again, hearsay is generally inadmissible in court unless the Rules of Evidence or another law determine otherwise. If a statement made outside of the courtroom is not considered hearsay, it will likely be admissible.
The purpose of the hearsay rule in Indiana is to ensure that unreliable evidence is not introduced into any criminal case. Due to the fact that hearsay involves making a statement that was uttered by someone else, this evidence can often result in statements changing as different people repeat it, much like a game of telephone.
Are There Exceptions to the Hearsay Rule?
Under the Rules of Evidence in Indiana, there are 23 exceptions to the hearsay rule. These exceptions are allowed because the circumstances surrounding the statement make it more reliable. The most common of these exceptions are as follows:
- Dying declarations: These are statements made by people who are facing imminent death.
- Statements against interest: When statements go against the interest of the person making them, such as admitting to a criminal offense, they may be allowed.
- Excited utterances: If a statement is made when a witness is startled or excited, it may fall under an exception to hearsay.
- Business records: If business records were created during the regular course of doing business and they meet certain criteria, they may be admissible.
Our Criminal Defense Lawyers in Indianapolis Can Advise On Your Case
Whether hearsay is deemed inadmissible in court can be very beneficial, or very damaging, to your case. At Rigney Law, LLC, our Indianapolis criminal defense lawyer can help you understand this legal rule and the exceptions to it and make the necessary objections in court. Call us now at 317-623-0989 or fill out our online form to schedule a free consultation and to learn more about how we can help.
Source:
rules.incourts.gov/Content/evidence/default.htm