Answer to Question #190443 in Law for LERATO RAMONYAI

Question

Hearsay evidence and admissibility thereof in court

Answer 1

In broad terms, hearsay is generally understood to mean “an out of court statement offered for the truth of the matter.” Federal Rules of Evidence 801 and 802 specifically define hearsay and provide that this type of evidence is generally not admissible unless an exception exists. In view of some of the arguments addressed to the Court, it is necessary to emphasise that there is no general rule of evidence to the effect that a witness may not testify as to the words spoken by a person who is not produced as a witness. There is a general rule subject to many exceptions that evidence of the speaking of such words is inadmissible to prove the truth of the facts which they assert. This is the rule known as the rule against hearsay. If the fact that the words were spoken rather than their truth is what it is sought to prove, a statement is admissible