LEGAL PRINCIPLE: EVIDENCE LAW – Non-Confessional Statements – When Not Hearsay
PRINCIPLE STATEMENT
Evidence of a statement made to a witness by a person who is not himself called as a witness may or may not be hearsay; it is hearsay and inadmissible when the object is to establish the truth of what is contained in the statement; it is not hearsay and is admissible when it is proposed to establish by the evidence, not the truth of the statement, but the fact that it was made.
RATIO DECIDENDI (SOURCE)
"Evidence of a statement made to a witness by a person who is not himself called as a witness may or may not be hearsay. It is hearsay and inadmissible when the object of the evidence is to establish the truth of what is contained in the statement. It is not hearsay and is admissible when it is proposed to establish by the evidence, not the truth of the statement, but the fact that it was made."
EXPLANATION / SCOPE
The hearsay rule’s application depends on the purpose for which the statement is tendered. Hearsay (inadmissible): Witness testifies about out-of-court statement to prove the truth of its contents—the statement is offered for its truth value. Example: “X told me the defendant was at the scene” offered to prove defendant was actually at the scene. Not hearsay (admissible): Witness testifies about out-of-court statement merely to prove the statement was made, not to prove its truth. Examples: “X told me the defendant was at the scene” offered to show notice was given, knowledge was communicated, or a threat was made. The distinction is critical: hearsay risks are present only when statement truth is at issue—the declarant isn’t available for cross-examination about accuracy. When only the fact of making the statement matters (not its truth), hearsay concerns don’t arise. Courts must identify: what is the evidence offered to prove? If proving statement truth—hearsay. If proving statement was made—not hearsay.