When is hearsay allowed in court?

On Behalf of | Jan 15, 2021 | Blog, Evidence

In legal terms, hearsay is a statement that was made out-of-court by another person who’s not directly involved in the case. Hearsay is typically not allowed as evidence in Texas court cases because it’s difficult to prove. However, there are some exceptions.

When can hearsay be used as evidence?

According to criminal procedure, hearsay can be used as evidence in certain circumstances. An attorney might bring up hearsay during the trial if it offers more insight into the individual’s mental or physical condition when the crime took place. The goal is not to prove that the hearsay was spoken, but to set the scene for the incident.

Hearsay might also be accepted if it provides information about the individual’s health condition. This can include statements made to a doctor or nurse. Physical documents can technically be considered hearsay, but they might still be used as evidence during the trial. The judge might also accept statements about the individual’s reputation that could be used to prove a point.

Additionally, hearsay might be used as evidence if it’s presented as a sudden statement that an individual made out of shock. Hearsay can be brought up if the attorney can prove to the best of their ability that the source of the statement is trustworthy. It could be used to prove a fact or strengthen another piece of evidence that was used during the trial.

Overall, there are dozens of reasons why hearsay might be admitted in court. It’s not always the most reliable form of evidence, but if the attorney can prove that it holds up, it could have a big influence on the outcome of the trial. For this reason, some judges will admit hearsay.

Do you need an attorney to handle your case?

The law is so complex that it could take a lifetime to study fully. Fortunately, you don’t need to know everything about the legal system when you have an attorney on your team. An attorney could bring a unique set of knowledge and experiences to the table that helps you achieve your goals with the court case.