Hearsay
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Hearsay is information gathered by Person A from Person B concerning some event, condition, or thing of which Person A had no direct experience. When submitted as evidence, such statements are called hearsay evidence. As a legal term, "hearsay" can also have the narrower meaning of the use of such information as evidence to prove the truth of what is asserted. Such use of "hearsay evidence" in court is generally not allowed. This prohibition is called the hearsay rule.
For example, a witness says "Susan told me she was cold". Since the witness did not experience Susan's coldness firsthand, the statement would be hearsay evidence to the fact that Susan was cold, and not admissible. However, it would be admissible as evidence that Susan claimed to be cold, and that she was capable of speaking at that time.
There are a number of significant exceptions to the hearsay rule.
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[edit] Worldwide
[edit] United States
Unless one of the many exceptions applies, hearsay is not allowed as evidence in the United States. Hearsay is an out of court statement used in court to prove the matter asserted.
[edit] England and Wales
In England and Wales, hearsay is generally admissible in civil proceedings[1] but is only admissible in criminal proceedings if it falls within a statutory or common law exception, all of the parties to the proceedings agree, or the court is satisfied that it is in the interests of justice that the evidence is admissible.[2]
[edit] Canada
In Canada hearsay is not admissible as evidence in most courts. A notable exception is within the Canadian Human Rights Commission. [3]
[edit] Hong Kong
Hong Kong's law of hearsay is modeled on the law in England and Wales. Since 1 July 1997, English cases are merely persuasive and not binding on Hong Kong courts, but in practice they are usually followed. The situation for civil cases is covered by ss 46-55B of the Evidence Ordinance, that Ordinance also covers certain exceptions in criminal cases, supplementing the common law.
[edit] New Zealand
Hearsay Evidence is covered by sections 16-22 of The Evidence Act 2006. Under these sections Hearsay is generally admissible so long as it is found to be reliable, and the maker of the out of court statement is unavailable as a witness.
[edit] References
- ^ Civil Evidence Act 1995, s. 1.
- ^ Criminal Justice Act 2003, s. 114.
- ^ "A bit late for introspection". National Post. June 19, 2008. http://www.nationalpost.com/opinion/story.html?id=597251. Retrieved on 2008-06-19.
