Whether it’s on a TV courtroom drama or in real court, we have all heard it: “Objection! Hearsay!”
Below we will discuss Texas Rule of Evidence 802 – the Rule Against Hearsay, which is very similar to other such rules throughout the nation.
Hearsay Rule Definition
What does Texas Rule of Evidence 802 say?
Texas Rule of Evidence 802 says, in whole:
“Hearsay is not admissible unless any of the following provides otherwise: a statute; these rules; or other rules prescribed under statutory authority. Inadmissible hearsay admitted without objection may not be denied probative value merely because it is hearsay.”
Explanation
What does Rule 802 mean? What is “hearsay?”
The rule initially tells us that hearsay is not admissible except under certain circumstances.
So what is “hearsay?”
One of the most common definitions given for hearsay is
“an out-of-court statement introduced to prove the truth of matter asserted therein.”
Though this definition sounds confusing, it is deceptively simple.
First, to be hearsay, it must be a statement, and it must be made out of court.
Additionally, a party must be trying to get a witness to introduce it (i.e., repeat it) in court.
Finally, the statement must be offered to prove…well, whatever is said in the statement.
Example of hearsay
Suppose Jim and Bill are eating lunch in a diner.
Bill says “fire trucks are red.”
In a later court case, Jim is on the stand. He testifies that Bill said in the diner that “fire trucks are red.”
Is this hearsay?
First, what Bill said was a statement, and it was made out of court.
Second, someone is trying to introduce it in court.
Now for the tricky part. To be hearsay, Bill’s statement must be offered to prove that fire trucks are, in fact, red.
If the party trying to introduce the statement is offering it to prove that fire trucks are red, then it would be hearsay.
If it was offered for any other purpose, it would not be hearsay.
The critical issue regarding hearsay is often what the party trying to testify is attempting to prove.
Hearsay Exceptions
When is hearsay allowed in court?
Rule 802 does a great job of telling us when hearsay is allowed in as evidence.
It is allowed if a statute says it is permitted.
It is also permissible if other rules in the Texas Rules of Evidence or certain rules say it can be introduced.
In many situations, hearsay can be admitted into evidence over an objection.
For example, Texas Rule of Evidence 803 is a fairly long list of 24+ situations where hearsay is allowable.
You Must Object to Hearsay
Finally, at the end of the rule, we learn a very important practice point: you have to object to hearsay.
Rule 802 states that even if hearsay is inadmissible, if it is admitted without objection (i.e., the other side failed to object properly to the judge), it can typically be admitted as evidence.
FAQ: Hearsay Exceptions in Texas
What are the exceptions to hearsay in Texas law?
Texas law has several exceptions to the hearsay rule, where statements made outside of court are admissible as evidence. Some of these include:
- Present Sense Impression: A statement describing or explaining an event made while the declarant was perceiving it or immediately after that.
- Excited Utterance: A statement relating to a startling event made while the declarant was under the stress of excitement caused by the event.
- Statements for Medical Diagnosis or Treatment: Statements made for medical diagnosis or treatment describing medical history, symptoms, or the cause of symptoms.
- Business Records: Records of regularly conducted business activity, if made at or near the time by someone with knowledge and kept in the regular course of business.
- Public Records: Records of public offices or agencies, including their activities and observations, as required by law.
- Statements Against Interest: A statement made by a declarant that was against their interest at the time, such that a reasonable person would not have made it unless believing it to be true.
What are the six exceptions to the hearsay rule?
While there are more than six exceptions to the hearsay rule, some of the most commonly cited include:
- Present Sense Impression
- Excited Utterance
- Statements for Medical Diagnosis or Treatment
- Recorded Recollection: A record that a witness once knew about but now cannot recall well enough to testify fully and accurately.
- Business Records
- Public Records
What is the 404 rule in Texas?
The Texas Rules of Evidence 404 pertains to the inadmissibility of character evidence to prove a person acted by that character on a particular occasion. However, there are exceptions, such as:
- The character of the accused or victim in criminal cases, if introduced by the defense.
- Evidence of other crimes, wrongs, or acts for purposes other than showing propensity, such as proving motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake.
What is the 702 rule in Texas?
Texas Rule of Evidence 702 deals with the testimony by experts. It allows a witness qualified as an expert by knowledge, skill, experience, training, or education to testify in an opinion or otherwise if their specialized knowledge will help the trier of fact understand the evidence or determine a fact in issue.
What is the most common hearsay exception?
One of the most common hearsay exceptions is the Excited Utterance exception. It applies to statements about a startling event while the declarant is still under the stress or excitement caused by the event, making it less likely that the statement was fabricated.
What are the 4 dangers of hearsay?
The four primary dangers of hearsay are:
- Insincerity: The declarant may not be truthful.
- Faulty Perception: The declarant may have perceived the facts incorrectly.
- Faulty Memory: The declarant may have an inaccurate recollection of the event.
- Ambiguity: The declarant’s words may be misunderstood or misinterpreted.
What is the 409 rule in Texas?
Texas Rule of Evidence 409 states that evidence of furnishing, offering, or promising to pay medical, hospital, or similar expenses occasioned by an injury is not admissible to prove liability for the injury. This rule encourages offers of help without fear of such offers being used as an admission of liability.
What is the Texas 7 year rule?
The “Texas 7 year rule” often refers to the statute of limitations for certain crimes or claims. For example, in civil cases, some causes of action, such as debt collection or breach of contract, may have a statute of limitations around 7 years. However, it is essential to consult specific legal provisions for accurate information, as different types of actions have different statutes of limitations.
What is a Rule 11 in Texas?
A Rule 11 agreement, under the Texas Rules of Civil Procedure, is a written agreement between parties or their attorneys concerning any matter involved in a pending action. For it to be enforceable, the agreement must be in writing, signed, and filed with the court, or made in open court and entered into the record. This rule is commonly used to stipulate settlements or procedural arrangements during litigation.
Other Articles Chosen For You…