In California civil cases, hearsay refers to an out-of-court statement offered in court to prove the truth of the matter asserted. Hearsay evidence is generally not admissible unless it falls within one of the recognized exceptions to the hearsay rule. The California Evidence Code governs the admissibility of hearsay evidence in civil cases.
Here’s a more detailed explanation of hearsay in California civil cases:
- Definition: Hearsay is defined in California as a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.
- Out-of-Court Statement: Hearsay involves statements made outside of the current court proceeding, such as statements made in conversations, documents, letters, emails, or other forms of communication.
- Purpose: Hearsay is typically excluded from evidence because it lacks reliability and the opportunity for cross-examination. When a witness testifies about what someone else said outside of court, there is no opportunity for the opposing party to challenge or question the truthfulness of that statement.
- Exceptions: There are numerous exceptions to the hearsay rule under California law. Some common exceptions include:
- Present Sense Impression: Statements made contemporaneously with the event they describe.
- Excited Utterance: Statements made under the stress or excitement of a startling event.
- Business Records: Records kept in the regular course of business.
- Statements for Medical Diagnosis or Treatment: Statements made for purposes of medical diagnosis or treatment.
- Prior Testimony: Testimony given under oath in a prior proceeding.
- Admissions of a Party-Opponent: Statements made by a party to the case that are against their own interest.
- Reliability: To be admissible under a hearsay exception, the statement must be deemed sufficiently reliable. Courts will consider factors such as the declarant’s personal knowledge, the circumstances under which the statement was made, and any corroborating evidence.
- Unavailability of Declarant: Some hearsay exceptions require that the declarant be unavailable to testify in court. Unavailability may include situations where the declarant is deceased, unavailable due to physical or mental incapacity, or cannot be located despite reasonable efforts.
- Judicial Discretion: Even if a statement falls within a hearsay exception, the court has discretion to exclude it if it’s irrelevant or its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or other factors.
In summary, hearsay in California civil cases refers to out-of-court statements offered in evidence to prove the truth of the matter asserted. While hearsay is generally inadmissible, there are many exceptions to the hearsay rule that allow certain types of hearsay evidence to be admitted under specific circumstances.