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Civil procedure

hearsay

Hearsay is a statement that (1) the person making it (the declarant) does not make while testifying at the current trial or hearing (in other words, the statement is made out of court); and (2) a party offers as evidence to prove the truth of the matter asserted in the statement.

Hearsay is generally not admissible as evidence—but there are many exceptions to hearsay, and statements that are non-hearsay. The law governing hearsay is usually located in the applicable state or federal rules of evidence, which are interpreted and applied by courts in court opinions or cases.

In Massachusetts, hearsay is typically inadmissible in court under the Massachusetts Guide to Evidence. Hearsay is defined as an out-of-court statement offered to prove the truth of the matter asserted and is not made by a witness while testifying at the current trial or hearing. However, there are numerous exceptions to this rule. For instance, statements that are part of a witness's present sense impression, excited utterances, statements of mental state, medical diagnoses, business records, and public records may be admissible despite being hearsay. Additionally, statements that are not offered for the truth of the matter asserted but for another purpose, such as to show the effect on the listener or the declarant's state of mind, are not considered hearsay. The Massachusetts courts interpret and apply these rules and exceptions based on the Massachusetts Guide to Evidence and relevant case law.

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Civil procedure

hearsay

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Civil procedure

hearsay

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