Hearsay is excluded because it cannot be tested by cross-examination

Evidence

These rules serve to promote reliable fact-finding by admitting only evidence that is trustworthy and relevant. For example, the rules of evidence generally exclude hearsay—that is, testimony a witness provides based not on personal knowledge but on what another person has said—because there is no way to test its trustworthiness through cross-examination. — G. Alan Tarr, Judicial Process and Judicial…, 1385

Categorization

  • DEFINE: Gives the operative definition and rationale of the hearsay exclusion.
  • XREF: connects to: Hearsay rule exceptions mark where the general rule does not apply — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 1099; Selective evidence can mislead juries about the case’s credibility. — Lynley Hood, A City Possessed, 2644

Broader Connections