Select your state

Criminal 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 New Jersey, hearsay is defined similarly to the federal standard, as a statement made outside of the current trial or hearing that is offered in evidence to prove the truth of the matter asserted. Under New Jersey Rule of Evidence 802, hearsay is not admissible unless it falls under one of the many exceptions outlined in the rules or other law. These exceptions can include, but are not limited to, statements made under the belief of impending death, statements against interest, certain statements of personal or family history, and records of regularly conducted activity. Additionally, there are non-hearsay purposes for which a statement may be admissible, such as to show the effect on the listener or to impeach the credibility of a witness. The New Jersey courts interpret and apply these rules to determine the admissibility of hearsay in legal proceedings.

Legal Articles

State Statutes

Individual & Family Legal Plan

As a LegalFix member, you'll get expert legal services from a local law firm that treats you like an important client. Don't wait—be prepared for life's inevitable legal challenges starting today. And ask your employer, credit union, or membership group about preferred pricing opportunities.

Criminal procedure

hearsay

Individual & Family Legal Plan

Articles

New-Jersey State Code

New-Jersey State Code

Criminal procedure

hearsay

Articles