# In what circumstances is "Hearsay" admissable? **URL:** \ **Category:** Factual Questions\ **Created:** [August 12, 2010, 4:57pm UTC](https://boards.straightdope.com/t/in-what-circumstances-is-hearsay-admissable/550056 "2010-08-12T16:57:26Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![TruCelt](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/trucelt/32/523_2.png) [@TruCelt](https://boards.straightdope.com/u/TruCelt)\ **Post date:** [August 12, 2010, 4:57pm UTC](https://boards.straightdope.com/t/in-what-circumstances-is-hearsay-admissable/550056/1 "2010-08-12T16:57:26Z")
In researching an upcoming court case\* I keep coming upon the phrase “in the very specific circumstances in which hearsay is admissable in court.” But nowhere can I find a list or even a discussion of what those circumstances entail. Certain things that my daughter has said, and a picture she drew are crucial to the judges understanding of the case, and I wish very much to be allowed to show/repeat them to her. What are the “specific circumstances” under which hearsay is admissable? Or where can I look to find a scholarly discussion of them? Virginia Family Court if it matters. Needless to say this pretty important, so please take any snark elsewhere if you are in a mood. Thanks. - - No I’m not the defendant; - Yes, I have hired a lawyer; - No I will not follow your advice unconditionally as if you were my lawyer or hold you in any way responsible for any answer you may give; - Yes, I acknowledge that this is a generic answer, based upon no prior knowledge of the case; - Yes, I acknowledge that you are not my lawyer ---
**Author:** ![qpw3141](https://avatars.discourse-cdn.com/v4/letter/q/6bbea6/32.png) [@qpw3141](https://boards.straightdope.com/u/qpw3141)\ **Post date:** [August 12, 2010, 4:59pm UTC](https://boards.straightdope.com/t/in-what-circumstances-is-hearsay-admissable/550056/2 "2010-08-12T16:59:24Z")
One situation where hearsay can be permissible when it can shed light on the state of mind of someone. ---
**Author:** ![Yllaria](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/yllaria/32/3452_2.png) [@Yllaria](https://boards.straightdope.com/u/Yllaria)\ **Post date:** [August 12, 2010, 5:26pm UTC](https://boards.straightdope.com/t/in-what-circumstances-is-hearsay-admissable/550056/3 "2010-08-12T17:26:40Z")
Once, long ago, I ran across a law student drill program that tested how well you could object. It included the five or six exceptions to dismissing heresay. The only one I can remember now is dying utterances. You can testify to hearing someone say something as they were dying, because they can’t be called to testify directly. ---
**Author:** ![TheFifthYear](https://avatars.discourse-cdn.com/v4/letter/t/958977/32.png) [@TheFifthYear](https://boards.straightdope.com/u/TheFifthYear)\ **Post date:** [August 12, 2010, 5:28pm UTC](https://boards.straightdope.com/t/in-what-circumstances-is-hearsay-admissable/550056/4 "2010-08-12T17:28:26Z")
Check out rules 803 and 804 on this page ([http://www.law.cornell.edu/rules/fre/rules.htm](http://www.law.cornell.edu/rules/fre/rules.htm)) for the Federal rules. Most states are similar if not identical. ---
**Author:** ![MikeS](https://avatars.discourse-cdn.com/v4/letter/m/919ad9/32.png) [@MikeS](https://boards.straightdope.com/u/MikeS)\ **Post date:** [August 12, 2010, 5:28pm UTC](https://boards.straightdope.com/t/in-what-circumstances-is-hearsay-admissable/550056/5 "2010-08-12T17:28:28Z")
Why can’t the picture just be introduced as evidence at trial? It’s a physical object, and you imply that you still have it, since you have the option to show it to the judge (that’s the “her” in question, right?). Or does evidence work differently in Family Court? ---
**Author:** ![TruCelt](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/trucelt/32/523_2.png) [@TruCelt](https://boards.straightdope.com/u/TruCelt)\ **Post date:** [August 12, 2010, 5:30pm UTC](https://boards.straightdope.com/t/in-what-circumstances-is-hearsay-admissable/550056/6 "2010-08-12T17:30:19Z")
Well, I’ve been told that there is no proof that she drew it, (I may have a way around that) and that my telling them who she said the figures represent (which is vital) would be hearsay. ---
**Author:** ![NicePete](https://avatars.discourse-cdn.com/v4/letter/n/ee7513/32.png) [@NicePete](https://boards.straightdope.com/u/NicePete)\ **Post date:** [August 12, 2010, 5:32pm UTC](https://boards.straightdope.com/t/in-what-circumstances-is-hearsay-admissable/550056/7 "2010-08-12T17:32:01Z")
Here are Kentucky’s rules on exceptions to the hearsay rule. Kentucky’s rules are based on the Federal Rules of Evidence, as are most states, so these are probably a pretty standard example. [http://www.louisvillelaw.com/kre/kre\_803.htm](http://www.louisvillelaw.com/kre/kre_803.htm) [http://www.louisvillelaw.com/kre/kre\_804.htm](http://www.louisvillelaw.com/kre/kre_804.htm) ---
**Author:** ![Captain\_Amazing](https://avatars.discourse-cdn.com/v4/letter/c/6de8d8/32.png) [@Captain\_Amazing](https://boards.straightdope.com/u/Captain_Amazing)\ **Post date:** [August 12, 2010, 5:41pm UTC](https://boards.straightdope.com/t/in-what-circumstances-is-hearsay-admissable/550056/8 "2010-08-12T17:41:59Z")
> [@TruCelt](#): > > Well, I’ve been told that there is no proof that she drew it, (I may have a way around that) and that my telling them who she said the figures represent (which is vital) would be hearsay. Alternately, your daughter could testify herself. ---
**Author:** ![TruCelt](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/trucelt/32/523_2.png) [@TruCelt](https://boards.straightdope.com/u/TruCelt)\ **Post date:** [August 12, 2010, 7:38pm UTC](https://boards.straightdope.com/t/in-what-circumstances-is-hearsay-admissable/550056/9 "2010-08-12T19:38:51Z")
She’s three years old. ---
**Author:** ![GiantRat](https://avatars.discourse-cdn.com/v4/letter/g/e47c2d/32.png) [@GiantRat](https://boards.straightdope.com/u/GiantRat)\ **Post date:** [August 12, 2010, 8:02pm UTC](https://boards.straightdope.com/t/in-what-circumstances-is-hearsay-admissable/550056/10 "2010-08-12T20:02:23Z")
Sorry to hear - it sounds like an unpleasant case (unless I’m assuming the worst). IME, it helps having a LEO ask the kid if she drew the picture - right or wrong, the civil servant card is a strong one. It’s also cheaper than hiring an “expert” shrink to come in and ask “Susie [obviously fictionalized name], did you draw this picture?” ---
**Author:** ![forgottenstar](https://avatars.discourse-cdn.com/v4/letter/f/46a35a/32.png) [@forgottenstar](https://boards.straightdope.com/u/forgottenstar)\ **Post date:** [August 12, 2010, 8:06pm UTC](https://boards.straightdope.com/t/in-what-circumstances-is-hearsay-admissable/550056/11 "2010-08-12T20:06:50Z")
> [@TruCelt](#): > > She’s three years old. If you really need the picture as part of the case maybe you can suggest to your lawyer to have a child psychologist sit with her and the picture. of course, the psychologist would start out with the normal questions (whats your name? how old are you? did you draw this picture?) etc etc. The psychologist can then testify on the behalf of your daughter. ---
**Author:** ![forgottenstar](https://avatars.discourse-cdn.com/v4/letter/f/46a35a/32.png) [@forgottenstar](https://boards.straightdope.com/u/forgottenstar)\ **Post date:** [August 12, 2010, 8:07pm UTC](https://boards.straightdope.com/t/in-what-circumstances-is-hearsay-admissable/550056/12 "2010-08-12T20:07:52Z")
> [@GiantRat](#): > > Sorry to hear - it sounds like an unpleasant case (unless I’m assuming the worst). IME, it helps having a LEO ask the kid if she drew the picture - right or wrong, the civil servant card is a strong one. It’s also cheaper than hiring an “expert” shrink to come in and ask “Susie [obviously fictionalized name], did you draw this picture?” I was definitely typing as you posted this :smack: ---
**Author:** ![Minnie\_Luna](https://avatars.discourse-cdn.com/v4/letter/m/4bbf92/32.png) [@Minnie\_Luna](https://boards.straightdope.com/u/Minnie_Luna)\ **Post date:** [August 12, 2010, 8:13pm UTC](https://boards.straightdope.com/t/in-what-circumstances-is-hearsay-admissable/550056/13 "2010-08-12T20:13:37Z")
Aren’t there instances where a child that young wouldn’t testify in open court, but in a closed “court” like judges chambers or similar to what they did or experienced. I would also assume that for a child that young Child Services would also be in on what is acceptable or unacceptable for something like this. ---
**Author:** ![TruCelt](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/trucelt/32/523_2.png) [@TruCelt](https://boards.straightdope.com/u/TruCelt)\ **Post date:** [August 12, 2010, 9:26pm UTC](https://boards.straightdope.com/t/in-what-circumstances-is-hearsay-admissable/550056/14 "2010-08-12T21:26:01Z")
It would be lovely if LE or CPS would get involved, but I have been informed on numerous occasions that they don’t have the necessary resources even to protect the children who are in immediate danger, and certainly can’t put time in to a case where the Mother is keeping the child safe. The fact that the court may order me to put her in an unsafe situation if they don’t get involved seems to have no effect on them. Yes, it’s a complete nightmare. It could be worse, but not by much. Thank you all for taking the time to answer, it means a lot. ---
**Author:** ![chrisk](https://avatars.discourse-cdn.com/v4/letter/c/6de8d8/32.png) [@chrisk](https://boards.straightdope.com/u/chrisk)\ **Post date:** [August 12, 2010, 10:55pm UTC](https://boards.straightdope.com/t/in-what-circumstances-is-hearsay-admissable/550056/15 "2010-08-12T22:55:36Z")
I think this provides a fairly good background: > **[Hearsay in United States law](https://en.wikipedia.org/wiki/Hearsay_in_United_States_law)** > > Hearsay is testimony from a witness under oath who is reciting an out-of-court statement that is being offered to prove the truth of the matter asserted. > > The Federal Rules of Evidence prohibit introducing hearsay statements during applicable federal court proceedings, unless one of nearly thirty exemptions or exceptions applies. The Federal Rules of Evidence define hearsay as: A statement that: (1) the declarant does not make while testifying at the current trial or hearing; and (2) a party of... ---
**Author:** ![ivn1188](https://avatars.discourse-cdn.com/v4/letter/i/e480ec/32.png) [@ivn1188](https://boards.straightdope.com/u/ivn1188)\ **Post date:** [August 12, 2010, 11:03pm UTC](https://boards.straightdope.com/t/in-what-circumstances-is-hearsay-admissable/550056/16 "2010-08-12T23:03:39Z")
Question for OP: If you have an attorney, why are you researching things and trying to figure out how to get evidence admitted? Logically, you either a) believe your attorney is bad at her job, in which case you should fire her and get a new one, or b) your lawyer is good at her job, and has good reasons not to get so excited about a picture. It’s kind of like the sign you sometimes see in a plumber’s office: Labor: 100 an hour Watching me fix it: 200 an hour Helping me fix it: 400 an hour Also, in family court it’s usually Petitioner and Respondent, not Plaintiff or Defendant. ---
**Author:** ![Hello\_Again](https://avatars.discourse-cdn.com/v4/letter/h/85e7bf/32.png) [@Hello\_Again](https://boards.straightdope.com/u/Hello_Again)\ **Post date:** [August 12, 2010, 11:23pm UTC](https://boards.straightdope.com/t/in-what-circumstances-is-hearsay-admissable/550056/17 "2010-08-12T23:23:53Z")
The rules of hearsay do not apply the same way in every type of court setting. In some more informal settings, hearsay is admissable without falling into one of the exception categories. However, when the rules of Hearsay do apply, there are a whole bunch of categories of Hearsay Exceptions under the Federal Rules of Evidence (24, 26? something like that). Brought to you in rap form, here: [![](https://img.youtube.com/vi/ZjLkl0ZgOiY/maxresdefault.jpg "The Hearsay Rap!") ](https://www.youtube.com/watch?v=ZjLkl0ZgOiY) As noted, not all jurisdictions follow the FRE, but most follow at least parts of it. You need an attorney qualified in your jurisdiction to tell you what exact rules apply. ---
**Author:** ![TruCelt](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/trucelt/32/523_2.png) [@TruCelt](https://boards.straightdope.com/u/TruCelt)\ **Post date:** [August 13, 2010, 12:55am UTC](https://boards.straightdope.com/t/in-what-circumstances-is-hearsay-admissable/550056/18 "2010-08-13T00:55:02Z")
> [@ivn1188](#): > > Question for OP: > > If you have an attorney, why are you researching things and trying to figure out how to get evidence admitted? > > Logically, you either a) believe your attorney is bad at her job, in which case you should fire her and get a new one, or b) your lawyer is good at her job, and has good reasons not to get so excited about a picture. > > . . . > > Also, in family court it’s usually Petitioner and Respondent, not Plaintiff or Defendant. a) wrong b) perhaps, but I don’t wish to pay $350 per hour to grill him about it and yes, but the notes above were meant to be a shorthand way of communicating to anyone who might be trying to read between the lines. I started a long answer to this but decided that I don’t wish to get into it. I’m a Doper, and therefore predisposed to personally research my problems and to try to understand what’s happening around me. Please stop trying to psychoanalyze, that’s not what this thread is about. Thank you very much to all those who answered on topic, this has been exactly what I needed to get past the road block I kept hitting. ---
**Author:** ![Hello\_Again](https://avatars.discourse-cdn.com/v4/letter/h/85e7bf/32.png) [@Hello\_Again](https://boards.straightdope.com/u/Hello_Again)\ **Post date:** [August 13, 2010, 1:11am UTC](https://boards.straightdope.com/t/in-what-circumstances-is-hearsay-admissable/550056/19 "2010-08-13T01:11:22Z")
If you want a book recommendation, “Examples and Explanations: Evidence” is the choice of law students. Read the section on hearsay 5 times through and you’ll know all that I do on the subject. 🙂 If you want a reference relevant to Virginia specifically, there should be plenty out there, maybe something like this: [http://www.vacle.org/php-bin/ecomm4/products.php?product\_id=44](http://www.vacle.org/php-bin/ecomm4/products.php?product_id=44) ---
**Author:** ![Captain\_C](https://avatars.discourse-cdn.com/v4/letter/c/e5b9ba/32.png) [@Captain\_C](https://boards.straightdope.com/u/Captain_C)\ **Post date:** [August 13, 2010, 2:26am UTC](https://boards.straightdope.com/t/in-what-circumstances-is-hearsay-admissable/550056/20 "2010-08-13T02:26:38Z")
To my understanding, hearsay is admissible in a termination proceeding (when the state is seeking to remove the parental rights of a child), but I haven’t tried it yet so don’t quote me on that. [Next page](https://boards.straightdope.com/t/in-what-circumstances-is-hearsay-admissable/550056.md?page=2)