Hearsay

What hearsay means

In short, hearsay is a term you will meet in court papers, rules and legal research. The definition above gives its usual meaning in American civil practice. However, the exact meaning can depend on the rule, statute or court decision that uses it. So it helps to read the term in context.

Where hearsay comes up

For example, the term appears in these procedures:

• Motion in Limine (Court's authority to manage trials; see Luce v. United States, 469 U.S. 38 (1984)): a pretrial motion asking the court to rule in advance on whether particular evidence may be used at trial.

How to research the term

First, read the term where it actually appears. A rule, statute or court decision may define it for its own purposes. Next, check whether your court has a local rule that uses hearsay in a special way. Then look at recent decisions from courts in your jurisdiction. They show how judges apply the term today. Also, remember that state law can differ from federal law. For that reason, use our state procedures guide to find your state’s rules. Finally, confirm every source is current before you rely on it.

You can read the official rule text online for free.

Related legal terms

• Motion in limine: a motion asking the court to decide before trial whether particular evidence may be used.
• Evidence: testimony, documents and things offered to prove or disprove facts.
• Relevant evidence: under Federal Rule of Evidence 401, evidence is relevant if it has any tendency to make a fact more or less probable than it would be without the evidence, and the fact is of consequence in determining the action.

Why precise terms matter

Courts read legal terms closely. As a result, knowing the exact meaning of a word helps you follow orders, rules and filings. Each glossary entry on Lawtopolis is short on purpose and links to the pages where the term is used.