| Hearsay is an out-of-court
statement offered to prove the truth of what it asserts. The
general rule is that hearsay is inadmissible. The purpose
of the hearsay rule is to limit the danger of unreliable evidence
at trial. By its very nature, hearsay is the statement of
a person who is not testifying at trial under oath and not
subject to cross-examination. See Rule 11-801(C) NMRA 1999
of the Rules of Evidence. Without the formalities of cross-examination,
the evidence is inherently suspect and the judge or jury has
a more difficult task in determining the truth. But
the hearsay rule has numerous exceptions. A statement may
be admissible evidence under an exception to the hearsay
rule if it was made in certain circumstances that help to
ensure its reliability. In addition, some statements that
look like hearsay are not even hearsay at all under
the Rules of Evidence.
These exercises will explore the hearsay
rule and its exceptions in a number of hypothetical scenarios.
Read each hypothetical carefully, and try to figure out
whether the circumstances in which each statement was made
make it admissible evidence. In particular, consider whether
the circumstances render the evidence reliable or not. Although
most of the examples are based on civil cases, the same
hearsay issues apply in criminal cases.
Continue to The
Accident |
