Episode 33 - Code of Evidence: Hearsay Pt. I

This week in our continued dive into the Code of Evidence, Mike and Judge Prescott are talking about the hearsay rule. The Code of Evidence defines hearsay as, “a statement other than one made by the declarant while testifying at the proceeding offered in evidence to establish the truth of the matter asserted.”

The Code defines a statement as, “any written or oral assertion, or nonverbal conduct of a person, if it is intended by the person as an assertion.” The important thing here is the subjective intent of the declarant in whether or not they intend the statement to be an assertion.

An assertion is a communication, made by a person, which is intended to convey information.

When it comes to “the truth of the matter asserted,” you need to look at why the statement is being offered. If it is being offered as proof of the contents of the statement, then it is hearsay.

What we are really after in this analysis is if the statement is hearsay because if it is hearsay, there are concerns about its reliability.

Code of Evidence: Definition of Hearsay