Hearsay Rule
The hearsay rule (§90.802) prohibits admission of out-of-court statements offered to prove the truth of the matter asserted. One of the most frequently litigated evidence issues in Florida courts, it has numerous exceptions and exclusions.
Why It Exists
- Declarant not subject to cross-examination
- Jury cannot assess credibility or demeanor
- Statement not made under oath
- Risk of inaccuracy and fabrication
Not Hearsay (§90.801(2))
- Prior inconsistent statements under oath
- Prior consistent statements (rebut fabrication charge)
- Statements of identification
- Admissions by party opponent (individual, adoptive, agent)
- Co-conspirator statements
Practical Impact
Affects which witnesses testify, which documents are admitted, and how cases are presented. Attorneys must anticipate hearsay issues and prepare foundations for exceptions.
Related Terms
- Equity — Evidentiary fairness
- Evidence of Title — Document admissibility
Barnes Walker Litigation
Barnes Walker's attorneys handle hearsay challenges in Florida trial and appellate proceedings. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC