Hearsay in Texas, like in most U.S. jurisdictions, is a legal concept that pertains to the use of out-of-court statements as evidence in court proceedings. Hearsay evidence is generally considered inadmissible unless it falls under a recognized exception or exemption. The rules on hearsay are found in the Texas Rules of Evidence and these the key aspects of hearsay in Texas:
It's important to consult with an attorney familiar with Texas rules of evidence if you have questions about the admissibility of specific evidence in your case. Attorneys play a critical role in presenting and challenging evidence, including issues related to hearsay, in court proceedings.
Definition of Hearsay: Hearsay is generally defined as an out-of-court statement, made by a declarant, offered in court to prove the truth of the matter asserted in the statement. In other words, if a statement is being introduced in court to establish the truth of what is stated in the statement, it is considered hearsay.
Admissibility Rules: In Texas, hearsay is generally not admissible as evidence. However, there are many exceptions and exemptions that allow hearsay to be admitted in court. Common exceptions include statements made for medical diagnosis or treatment, records of regularly conducted business activity, and certain statements made by a party's opponent.
Exceptions to the Hearsay Rule: Texas recognizes various exceptions to the hearsay rule, such as:
Statements against interest: Hearsay statements that are against the declarant's own interest may be admissible.
Excited utterances: Statements made by a declarant while under the stress of excitement caused by a startling event are admissible.
Statements for medical diagnosis or treatment: Statements made for the purpose of medical diagnosis or treatment may be admitted.
Business records: Records made in the regular course of business are often admissible as an exception to hearsay.
Statements by a party-opponent: Statements made by a party to the case are generally not considered hearsay and may be admitted.
