This article is about the form of evidence, hearsay. For Hear'Say, the British pop group, see Hear'Say . Not to be confused with heresy.
Hearsay is a legal term referring to the use of out of court statements as evidence.
Worldwide
United States
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Unless one of the many exceptions applies, hearsay is not allowed as evidence in the United States. Under the Federal Rules of Evidence, hearsay is defined as "a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted." Fed. R. Evid. 801(c)[1]
England and Wales
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In England and Wales, hearsay is generally admissible in civil proceedings[1] but is only admissible in criminal proceedings if it falls within a statutory or common law exception, all of the parties to the proceedings agree, or the court is satisfied that it is in the interests of justice that the evidence is admissible.[2]
Hong Kong
Hong Kong's law of hearsay is modeled on the UK law. Since 1 July 1997, English cases are merely persuasive and not binding on Hong Kong courts, but in practice they are usually followed. The situation for civil cases is covered by ss 46-55B of the Evidence Ordinance, that Ordinance also covers certain exceptions in criminal cases, supplementing the common law.
New Zealand
New Zealand law of hearsay is similar to that of the UK. The Evidence Act 1908 is slowly being replaced by the Evidence Act 2006.citation needed
References
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