The Rule Against Hearsay: Volume 1

THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze, interpret, and discuss the rule against hearsay. See Fed. R. Evid. 802-807. Volume 1 of the casebook covers the District of Columbia Circuit and the First through the Sixth Circuit Court of Appeals.

Hearsay is an out-of-court statement that is inadmissible at trial to establish the truth thereof. See FED. R. EVID. 801(c) (defining hearsay); FED. R. EVID. 802 (hearsay generally inadmissible). The hearsay rule is rooted in the belief that an out-of-court statement lacks necessary assurances of veracity. See Williamson v. United States, 512 U.S. 594, 598, 114 S.Ct. 2431, 129 L.Ed.2d 476 (1994) ("The hearsay rule ... is premised on the theory that out-of-court statements are subject to particular hazards."). With any statement, a "declarant might be lying; he might have misperceived the events which he relates; he might have faulty memory; [or] his words might be misunderstood or taken out of context by the listener." Id. To avoid these shortcomings, our judicial system chooses in-court statements that can be tested by "the oath, the witness' awareness of the gravity of the proceedings, the jury's ability to observe the witness' demeanor, and, most importantly, the right of the opponent to cross-examine." Id. Admitting hearsay would prevent opposing parties, and our judicial system as a whole, from using these checks. United States v. Evans, 216 F.3d 80, 85 (D.C. Cir. 2000) ("The problem with hearsay is that it deprives the defendant of the opportunity to cross-examine the person who uttered the statement at issue.").

"Nonetheless, the Federal Rules of Evidence also recognize that some kinds of out-of-court statements are less subject to these hearsay dangers, and therefore except them from the general rule that hearsay is inadmissible." Williamson, 512 U.S. at 598, 114 S.Ct. 2431. The enumerated exceptions apply to hearsay that possesses certain guarantees of trustworthiness. See FED. R. EVID. 803-04 (enumerating exceptions and exclusions to hearsay rule).

US v. Slatten, 865 F. 3d 767 (DC Cir. 2017)