Hearsay rule 

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This article is about the form of evidence, hearsay. For Hear'Say, the British pop group, see Hear'Say .

Not to be confused with heresy.

Hearsay is a legal term referring to the use of out of court statements as evidence to prove the truth of the matter asserted.

Example: "Susan told me she was cold" This statement cannot be used to prove that Susan was cold, i.e. the truth of the matter asserted, however it can be used to prove that she was capable of talking that day. Another good use is impeachment. The same statement cannot be used to prove that she was cold, however if she claims that she was hot at that time, the statement is admisible to impeach her statement about being hot.

Contents

Worldwide

United States

Main article: Hearsay in United States law

Unless one of the many exceptions applies, hearsay is not allowed as evidence in the United States.

England and Wales

Main article: Hearsay in English law

In England and Wales, hearsay is generally admissible in civil proceedings1 but is only admissible in criminal proceedings if it falls within a statutory or common law exception, all of the parties to the proceedings agree, or the court is satisfied that it is in the interests of justice that the evidence is admissible.2

Hong Kong

Hong Kong's law of hearsay is modeled on the UK law. Since 1 July 1997, English cases are merely persuasive and not binding on Hong Kong courts, but in practice they are usually followed. The situation for civil cases is covered by ss 46-55B of the Evidence Ordinance, that Ordinance also covers certain exceptions in criminal cases, supplementing the common law.

New Zealand

New Zealand law of hearsay is similar to that of the UK. The Evidence Act 1908 is slowly being replaced by the Evidence Act 2006.citation needed

References

  1. ^ Civil Evidence Act 1995, s. 1.
  2. ^ Criminal Justice Act 2003, s. 114.
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