Hearsay is an out-of-court statement offered in court to prove the truth of the matter asserted. In other words, hearsay is second-hand information that is being presented in court to prove that what was said is true. Hearsay is generally not admissible as evidence in court because it is considered unreliable, as the original speaker is not present to be cross-examined.
There are some exceptions to the hearsay rule, such as when the statement falls under a recognized hearsay exception. Examples of recognized hearsay exceptions include statements made by a person who is now unavailable to testify, such as a dying declaration, or statements made by an opposing party, such as an admission against interest.
The admissibility of hearsay evidence is determined by the judge, who must evaluate whether the evidence falls under a recognized exception to the hearsay rule and whether its probative value outweighs its potential prejudicial effect.
The hearsay rule is an important principle in the law of evidence, as it helps to ensure the reliability and accuracy of evidence presented in court. By limiting the admissibility of hearsay evidence, the rule helps to promote the fair administration of justice and prevent the presentation of unreliable or misleading information.