Exceptions to Hearsay: Navigating Courtroom Challenges
Hearsay Exceptions. Let’s talk about them. Hi, my name is Carl Birkhead. I’m a Tulsa misdemeanor attorney with Wirth Law Office in Tulsa, Oklahoma. I’ve been practicing family and criminal law for almost 8 years now, and I want to help you make law easy by just talking a little bit about when hearsay statements are admissible in court.
Let’s do a quick refresher on hearsay. Hearsay is a statement made outside of the courtroom by someone, called the declarant, that’s being offered inside the courtroom to prove that what was said is true.
What Constitutes Hearsay?
Quick example: “Mr. Smith, how do you know the defendant stabbed Mr. Doe?” “Well, I overheard the defendant at a bar saying he stabbed Mr. Doe.” That’s hearsay. The statement was made outside of court by the defendant, and it’s being brought into court to prove that the stabbing happened. That kind of statement is generally not admissible. Attorneys will often object immediately when hearsay comes up.
But—there are exceptions. One important exception relates to the declarant’s then-existing state of mind or physical condition.
Understanding Exceptions in Detail
Let’s say you come across a car accident and stop to help one of the drivers. Later, you’re asked to testify in court. You might be asked, “How did the driver seem when you got there?” And you say: “They seemed dizzy, said their knee was busted, and mentioned throbbing pain in the back of their head.”
Even though you’re repeating what the injured person said, it’s not barred by the hearsay rule. That’s because you’re describing their physical condition at the time, which is a valid hearsay exception. So yes, it’s technically hearsay—but it falls within a recognized exception, and that kind of testimony is usually admissible.
The Importance of Legal Guidance
If you’re in a case where hearsay might be a concern—or if someone’s trying to exclude your evidence—give me a call. We’ll go over whether an exception might apply and how to keep your case on track.
Schedule Your Low-Cost Strategy Session
My name is Carl Birkhead. I’m a Tulsa criminal attorney with Wirth Law Office, and I want to help you make law easy. If you have questions or need assistance understanding hearsay exceptions, please contact me at 918-879-1681 to schedule a low-cost initial strategy session.
