Exploring Key Hearsay Exceptions in Court Cases
Hearsay exceptions, let’s talk about them. Hi, my name is Carl Birkhead. I’m a Tulsa felony 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 hearsay exceptions and when they can be used.
So, just a brief recap. A hearsay statement is a statement made outside of the courtroom by a declarant who’s not available to testify and is being offered for its truth.
Practical Examples of Hearsay in Court
Let’s say you’re on the stand and you’re just asked, so, Mr. Smith, on the day of blah, blah, blah, what did you see the defendant doing? And you say, well, I saw the defendant talking about the Knicks game and planning a murder. Well, it’s kind of a hearsay statement. It’s outside of the court, but it’s made inside the court, being offered for its truth.
And in this case, technically speaking, that would be admissible, though, because it’s a statement that the defendant’s making themselves against their interest, being that they were planning a murder that the witness then overheard. So, I’m not here to talk about that one, though. I’m here to talk about two more.
Reputation and Public Records as Hearsay Exceptions
One, hearsay statements can be offered if it’s to introduce information about someone’s reputation within the community, their reputation interacting with people in business and personal life, things like that. The other one being, if it’s a regularly kept public record.
Public records can be admitted either just to show, you know, to show the information that’s on there, or sometimes if you’re trying to show, hey, this is the practice, these are the type of records that are supposed to be kept, and it’s not here, like if you’re trying to say that someone in a public office was negligent in their record keeping.
How to Navigate Courtroom Complexities
Those are the ways that public records would be introduced and admitted as evidence, even though they are technically hearsay statements. They’re generated outside of court, they’re being brought into court, offered for their truth, but in this instance, that would work.
So, if you’ve got questions about this, or if you’re in a situation where you think you’re about to have to go offer testimony, definitely give me a call. My name is Carl Birkhead, I’m a Tulsa criminal defense attorney with Wirth Law Office, and I want to help you make law easy.
Schedule a Low-Cost Initial Strategy Session
If you need personalized advice or have further questions, don’t hesitate to reach out and schedule a low-cost initial strategy session to discuss your specific legal needs. Call me at 918-879-1681. Thank you.
