Question 1

What is hearsay in Florida?

Accepted Answer

Hearsay is an out-of-court statement offered in court to prove the truth of the matter asserted. Under Florida Evidence Code §90.801, hearsay includes: oral statements (what someone said outside of court), written statements (documents, letters, emails), and nonverbal conduct intended as an assertion (nodding to indicate "yes"). Hearsay is generally inadmissible because the person who made the statement is not available for cross-examination, the jury cannot assess the declarant's credibility, and the statement was not made under oath. However, numerous exceptions allow hearsay to be admitted when it has sufficient reliability.

Question 2

Why is hearsay generally excluded?

Accepted Answer

Hearsay is excluded because it is considered unreliable: the declarant (person who made the statement) is not in court to be cross-examined, the jury cannot observe the declarant's demeanor and assess credibility, the statement was not made under oath (no penalty of perjury), the statement may be taken out of context, there is a risk of inaccurate reporting (the witness may not accurately recall what was said), and the Confrontation Clause of the Sixth Amendment (in criminal cases) guarantees the right to confront witnesses. These concerns are addressed by the hearsay exceptions, which identify categories of out-of-court statements that are considered inherently reliable.

Question 3

How does hearsay affect Florida real estate litigation?

Accepted Answer

Hearsay issues commonly arise in: title disputes (old deeds, letters, and records may be admissible under the ancient documents exception), boundary disputes (reputation evidence about boundaries may be admissible), contract disputes (prior negotiations and statements may be hearsay if offered for their truth), fraud claims (the defendant's out-of-court misrepresentations are not hearsay if offered against them as admissions), and foreclosure proceedings (business records of the loan servicer are typically admitted under the business records exception). Understanding hearsay rules is critical for presenting evidence in real estate litigation.

Hearsay

Hearsay

What Constitutes Hearsay

Why Excluded

Real Estate Litigation

Related Terms

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