Hearsay and Exceptions
Core concepts
Hearsay is an out-of-court statement offered to prove the truth of the matter asserted. The definition has three moving parts: a statement (oral, written, or assertive conduct), made outside the proceeding, offered for its truth. The first analytical move is always to ask why the statement is offered. If it is offered for its effect on the listener, to show notice, or as circumstantial evidence of state of mind, it is not hearsay.
Then learn the exemptions and exceptions. Party admissions are exempt from the rule entirely. The classic exceptions include present sense impression, excited utterance, then-existing state of mind, statements for medical diagnosis, recorded recollection, business records, public records, ancient documents, and judgments. Residual exceptions catch reliable statements not otherwise covered. Confrontation issues arise in criminal cases where testimonial hearsay is offered against the accused without an opportunity to cross-examine.
Traps
Questions often present a statement that looks like hearsay but is offered for a non-truth purpose, or a statement that fits an exception but is offered for the wrong purpose. Watch for multiple hearsay (each layer must satisfy an exception), for statements in business records that are themselves hearsay, and for the distinction between excited utterance and present sense impression (startling event versus contemporaneous description).
Worked example
A pedestrian shouts "that car ran the red light!" seconds after a crash. Offered to prove the car ran the light, it is hearsay but admissible as an excited utterance. Offered to show that bystanders were alarmed, it is not hearsay at all.
Rule of thumb
Always ask "offered for its truth?" before hunting for an exception; the purpose of the offer decides the analysis.