It is allowed if a statute says it is permitted.

What is hearsay rule of evidence. If you are giving evidence and start to say something that amounts to hearsay evidence you can be interrupted and asked to stop by one of the people in the case or by the judge. Hearsay evidence means any information which a person gathers or collects from a person who has first-hand knowledge of that fact or information. And of course there are about a dozen exceptions to the rule.

Therefore we can conclude that it is second-hand information. Evidence of an out-of-court statement is not admissible if it is being offered for the truth of the matter stated. If person C has evidence to give that is relevant to a proceeding under the best evidence rule person C should be called as a witness to give that evidence.

Hearsay means a statement not made in oral evidence that is. The Apex Court in the case of State of Haryana v. Colorado Rules of Evidence 801c Testimony is hearsay if the witness is repeating what someone else has said out of.

The hearsay rule does not apply to evidence of a previous representation made by a person if the representation was a contemporaneous representation about the persons health feelings sensations intention knowledge or state of mind. The law of evidence also allows hearsay evidence to be admitted in a trial if the judge decides that evidence is necessary and reliable. The best evidence rule is essentially that evidence should be given by the person best capable of giving it.

NOTES Contemporaneous contemporary. It is also permissible if other rules in the Texas Rules of Evidence or certain other rules say it can be introduced. The Senate amendment adds a new subsection b6 now b5 which makes admissible a hearsay statement not specifically covered by any of the five previous subsections if the statement has equivalent circumstantial guarantees of trustworthiness and if the court determines that A the statement is offered as evidence of a material fact.

Simply put the catchall rule does not require proof that the witness is unable to testify if the hearsay evidence meets certain conditions. The general rule is that hearsay evidence cannot be admitted in court. Exceptions to the Rule Against HearsayRegardless of Whether the Declarant Is Available as a Witness.