When I testify, who will question me? Is there a process to admit evidence other than testimony? Objecting to evidence What is an objection? Why would I want to object to evidence? What steps do I need to take during the trial to set myself up for possibly being able to appeal if I lose?
How do I make an objection? What are some common objections? When would I object to specific kinds of evidence? Hearsay What is hearsay? What are some hearsay exceptions? View all. Did you find this information helpful? Yes No. WomensLaw serves and supports all survivors, no matter their sex or gender. So, if one side tries to offer hearsay evidence, the other side can object and ask the judge not to allow the evidence.
So a statement might be inadmissible for one purpose to prove that Jim was driving a red car , but admissible for another to prove that Christine believed Jim was driving a red car. Specifically, lawyers often use out of court statements to show things like knowledge or intent. If there is no reason to offer the evidence other than the proving the truth of the matter stated, the party seeking to offer the evidence will need to find an exception to the hearsay rule.
Also, note that when an out of court statement is offered to prove something other than the truth of the matter stated, the judge will typically give the jury a special instruction. For example, take the red car example above.
So the judge might instruct the jury that it may not consider that evidence in deciding whether Jim was driving a red car. Hearsay is subject to numerous exceptions.
That is, in certain situations, a statement may be admissible even if it is technically hearsay. For example, probably the most common is the opposing party statement or party admission exception.
Under this rule, one side can freely offer statements made by the opposing party, even if the opposing party made those statements out of court. Keep in mind, however, that this only applies to statements made by an opposing party. You cannot bring in your own statements under this exception. The hearsay rule has numerous other exceptions. The hearsay rule exists because statements made under oath, in court, where the witness is subject to cross-examination by attorneys, are more reliable than those made casually on the street.
If somebody is making statements that are damaging to your case, you want to be able to cross-examine them to test the reliability of those statements and the trustworthiness of the person making them. An example of hearsay would be a witness, Tanya, testifying about what someone else, Raj, said outside the trial and the trial judge being asked to believe that what Raj said was true. Hearsay evidence carries with it the risk that the reported statement is not reliable. In our example, Raj is not at court to be questioned about his statement.
Tanya may not have heard or understood him correctly. Because of the possibility that hearsay evidence is not reliable, this form of evidence is usually not allowed at trial. Preparing for trial You can avoid the problem of hearsay evidence by having Raj come to court to testify. When preparing for trial, take time to consider what evidence you wish the judge to take into account at the trial and whether that evidence might be hearsay.
One suggestion is to make a list of your key points and how you will prove those points. If that proof involves hearsay evidence, then you may want to look at other ways of proving your point.
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