Understanding Hearsay Exceptions in Legal Proceedings
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 help you make law easy by talking a little bit about what exceptions there are to the rule against hearsay.
What is Hearsay?
Quick recap on hearsay: Hearsay is any statement made outside of court by a person (called the declarant) that’s being offered inside of court to prove that what they said is true. Here’s a simple—maybe even dumb—example:
Let’s say you’re on the stand and someone asks, “What did Mrs. Doe have for breakfast the other day?” And you answer, “Well, I heard her say she had eggs.” That’s hearsay. You’re repeating something she said outside of court, and you’re offering it in court as if it’s true.
Exceptions to the Hearsay Rule
Now, there are exceptions to the hearsay rule, and one of them relates to medical diagnoses. Let’s say you’re involved in a car accident, or you arrive at the scene to help. If you’re asking one of the drivers about their medical history, like, “Do you have a history of seizures?” or “Do you have back issues?”—and they respond with information about their health, that can be admissible.
For example, you might later testify, “The driver told me they’ve had a chronic heart condition and ongoing back problems from a previous spinal injury.” Those statements, related to past or present medical conditions made for diagnosis or treatment, fall under a hearsay exception and are usually allowed in.
Preparing for Testimony
And no, you don’t have to be a medical expert just to share what they told you. You’re simply reporting what they said at the time, which can be important context for the case. If you’re getting ready to testify and you’re not sure what’s allowed in court—or if you think hearsay might be an issue—give me a call. Let’s walk through it together.
Consult with a Professional
My name is Carl Birkhead. I’m a Tulsa misdemeanor attorney with Wirth Law Office, and I want to help you make law easy. Contact me for a low-cost initial strategy session to discuss your case. Call me at 918-879-1681 today.
