Understanding Hearsay Exceptions: An Introduction
Hearsay exceptions. Let’s talk about them. Hi, my name is Carl Birkhead. I’m a Tulsa criminal defense attorney with Wirth Law Office in Tulsa, Oklahoma. I’ve been practicing family and criminal law for almost eight years now, and I want to talk to you a little bit about hearsay, more specifically, when that rule doesn’t apply.
I’ve talked about hearsay before, but let’s go a little deeper. Hearsay is an out-of-court statement made by someone (a declarant) that’s being offered in court to prove the truth of what was said. Normally, that kind of statement isn’t allowed under the rules of evidence, but there are exceptions.
Real-World Scenarios: When Hearsay Exceptions Apply
Let’s say you come upon a car accident and step in to help. Later, you’re called as a witness. Anything said at the scene might be hearsay, but some of it could be admissible under certain exceptions.
For example, if someone was yelling, “There’s blood everywhere!”—and you’re later asked how you knew there was blood—you can repeat that statement. Why? Because it describes the condition of the scene in the moment. That’s called a present sense impression or a statement describing a condition, and it’s an exception to the hearsay rule.
Another example: if someone shouted, “Oh my god, I almost killed you!”—that could qualify as an excited utterance. If the person who said it caused the crash, it could also be a statement against interest, which is another exception.
Multiple Exceptions: Enhancing Admissibility
So that one statement might fall under multiple exceptions—excited utterance, present sense impression, and statement against interest, which could all make it admissible.
There are plenty of other exceptions out there, and each case is different. If you’re dealing with something like this or wondering whether a statement can be used in court, give me a call. I’m happy to help you break it down.
Take the First Step with a Low-Cost Initial Strategy Session
My name is Carl Birkhead. I’m a Tulsa misdemeanor attorney with Wirth Law Office, and I want to help you make law easy. If you’re questioning the admissibility of a statement in your case, reach out for a detailed discussion. Call me at 918-879-1681 today to schedule a low-cost initial strategy session.
