Hearsay evidence


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HEARSAY EVIDENCE. The evidence of those who relate, not what they know themselves, but what they have heard from others.
     2. As a general rule, hearsay evidence of a fact is not admissible. If any fact is to be substantiated against a person, it ought to be proved in his presence by the testimony of a witness sworn or affirmed to speak the truth.
     3. There are, however, exceptions to the rule. 1. Hearsay is admissible when it is introduced, not as a medium of proof in order to establish a distinct fact, but as being in itself a part of the transaction in question, when it is a part of the res gestae. 1 Phil. Ev. 218; 4 Wash. C. C. R. 729; 14 Serg. & Rawle, 275; 21 How. St. Tr. 535; 6 East, 193.
     4.-2. What a witness swore on a former trial, between the same parties, and where the same point was in issue as in the second action, and he is since dead, what he swore to is in general, evidence. 2 Show. 47; 11 John. R. 446; 2 Hen. & Munf. 193; 17 John. R. 176; But see 14 Mass. 234; 2 Russ. on Cr. 683, and the notes.
     5.-3. The dying declarations of a person who has received a mortal injury, as to the fact itself, and the party by whom it was committed, are good evidence under certain circumstances. Vide Declarations, and 15 John. R. 286; 1 Phil. Ev. 215; 2 Russ. on Cr. 683.
     6.-4. In questions concerning public rights, common reputation is admitted to be evidence.
     7.-5. The declarations of deceased persons in cases where they appear to have been made against their interest, have been admitted.
     8.-6. Declarations in cases of birth and pedigree are also to be received in evidence.
     9.-7. Boundaries may be proved by hearsay evidence, but, it seems, it must amount to common tradition or repute. 6 Litt. 7; 6 Pet. 341; Cooke, R 142; 4 Dev. 342; 1 Hawks 45; 4 Hawks, 116; 4 Day, 265. See 3 Ham. 283; 3 Bouv. Inst. n. 3065, et seq. 10. There are perhaps a few more exceptions which will be found in the books referred to below. 2 Russ. on Cr. B. 6, c. 3; Phil. Ev. ch. 7, s. 7; 1 Stark. Ev. 40; Rosc. Cr. Ev. 20; Rosc. Civ. Ev. 19 to 24; Bac. Ab. Evidence, K; Dane's Ab. Index, h.t. Vide also, Dig. 39, 3, 2, 8; Id. 22, 3, 28. see Gresl. Eq. Ev. pt. 2, c. 3, s. 3, p. 218, for the rules in courts of equity, as to receiving hearsay evidence 20 Am. Jur. 68.

References in periodicals archive ?
An independent, statement-specific inquiry regarding the need for the statement and the statement's reliability should be made when the state seeks to introduce hearsay evidence against a criminal defendant.
If this list turns out to be exclusive, Crawford will have no remarkable effect on criminal prosecutions in Florida because it will construct no new barriers to the admissibility of hearsay evidence that are not already in place, either in our evidence law or in our existing decisional law applying the confrontation clause.
Tom Dennes, associate partner at Knight Frank, which is managing the sale, said: "We have hearsay evidence that the two-room outhouse at the back of the property was previously an old cottage.
57(1) proceeding is: "(c) Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but it shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions.
Permit hearsay evidence such as diaries to be admitted in court when it describes physical abuse and the victim is not available to testify.
However, despite the hearsay evidence, trial judge Mr Justice McLaughlin warned the jury, while it might be evidence against Brown, it could in no way be as proof of Taylor's alleged involvement.
Middlesbrough Council's enforcement team manager Jane Hill said: "With six or seven of our last ASBO cases it has all been hearsay evidence - it is good for the residents and it is successful.
8 Abolishing the double jeopardy rule, which prevents a defendant being tried twice for the same crime, in 3 0 serious offences, allowing hearsay evidence in court and forcing defence lawyers to reveal the witnesses it intends to call in court.
Allowing hearsay evidence to be given in court in some circumstances.
The most glaring weakness is the government's ability to introduce hearsay evidence, which could easily be falsified and would be difficult to disprove in cross-examination.
He also expected further challenges to arise over public order offences, entrapment and the use of hearsay evidence.