Hearsay

Hearsay

"Not to be confused with heresy."

Hearsay is a legal term referring to the use of out of court statements as evidence.

Worldwide

United States

Unless one of the many exceptions applies, hearsay is not allowed as evidence in the United States.

England and Wales

In England and Wales, hearsay is generally admissible in civil proceedings [Civil Evidence Act 1995, UKStatute|1933353|s. 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. [Criminal Justice Act 2003, UKStatute|903072|s. 114.]

Hong Kong

Hong Kong's law of hearsay is modeled on the UK law. 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.

New Zealand

New Zealand law of hearsay is similar to that of the UK. The Evidence Act 1908 is slowly being replaced by the Evidence Act 2006.Fact|date=January 2008

References


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  • hearsay — hear·say / hir ˌsā/ n: a statement made out of court and not under oath which is offered as proof that what is stated is true – called also hearsay evidence; Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. hearsay …   Law dictionary

  • Hearsay — Hear say (h[=e]r s[=a] ), n. Report; rumor; fame; common talk; something heard from another. [1913 Webster] Much of the obloquy that has so long rested on the memory of our great national poet originated in frivolous hearsays of his life and… …   The Collaborative International Dictionary of English

  • hearsay — [hir′sā΄] n. [< phrase to hear say, parallel to Ger hörensagen] something one has heard but does not know to be true; rumor; gossip adj. based on hearsay …   English World dictionary

  • hearsay — 1530s, perhaps mid 15c., from phrase to hear say …   Etymology dictionary

  • hearsay — n *report, rumor, gossip …   New Dictionary of Synonyms

  • hearsay — [n] unsubstantiated information clothesline*, comment, cry, gossip, grapevine*, leak*, mere talk*, noise*, report, rumble*, rumor, scandal, scuttlebutt*, talk, talk of the town*, word of mouth*; concepts 51,278 Ant. evidence, proof, reality,… …   New thesaurus

  • hearsay — ► NOUN ▪ information which cannot be adequately substantiated; rumour …   English terms dictionary

  • hearsay — A term applied to that species of testimony given by a witness who relates, not what he knows personally, but what others have told him, or what he has heard said by others. A statement, other than one made by the declarant while testifying at… …   Black's law dictionary

  • hearsay — A term applied to that species of testimony given by a witness who relates, not what he knows personally, but what others have told him, or what he has heard said by others. A statement, other than one made by the declarant while testifying at… …   Black's law dictionary

  • hearsay — noun VERB + HEARSAY ▪ be based on, rely on ▪ Her judgements are based on hearsay rather than evidence. HEARSAY + NOUN ▪ evidence PREPOSITION ▪ …   Collocations dictionary

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