A term applied to that species of testimony given by a witness who relates, not what he knows personally, but what others have told him, or what he has heard said by others. A statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted. Fed.R.Evid. 801(c).
Hearsay includes any statement made outside the present proceeding which is offered as evidence of the truth of matters asserted therein. Also included as hearsay is nonverbal conduct which is intended to be the equivalent of a spoken assertion. Such conduct is called assertive conduct.
Under Fed.R.Evid. Rule 801(a) conduct which was not intended as an assertion at the time it was done is not hearsay. Such conduct is called nonassertive conduct.
Fed.R.Evid. Rule 801(c) also provides that assertions which are offered to prove something other than the matter asserted are not hearsay.
@ hearsay evidence
Hearsay evidence is testimony in court of a statement made out of the court, the statement being offered as an assertion to show the truth of matters asserted therein, and thus resting for its value upon the credibility of the out-of-court asserter. Mutyambizi v. State, 33 Md.App. 55, 363 A.2d 511, 518.
Evidence not proceeding from the personal knowledge of the witness, but from the mere repetition of what he has heard others say. That which does not derive its value solely from the credit of the witness, but rests mainly on the veracity and competency of other persons. The very nature of the evidence shows its weakness, and, as such, hearsay evidence is generally inadmissable unless it falls within one of the many exceptions which provides for admissibility (see e.g., Fed.R.Evid. 803, 804).

Black's law dictionary. . 1990.


Look at other dictionaries:

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