What is hearsay and what are the usual rules about its admissibility?

• A. Hearsay is inadmissible in all circumstances
• B. Hearsay is admissible if the statement is a party admission
• C. Hearsay is admissible if the court decides it is sufficiently reliable
• D. There are statutory and common-law exceptions allowing some hearsay evidence

Answer: (D)

Hearsay is a statement made outside the court that is offered to prove the truth of what it says. The default position is that hearsay is inadmissible because the person who made the statement isn’t available for cross-examination. But there are recognized exceptions, both from common law and by statute, that allow some hearsay to be admitted. This is why the best answer points to there being statutory and common-law exceptions enabling certain hearsay evidence. For example, party admissions are a well-established exception, and there are other exceptions as well—such as certain records kept in the ordinary course of business or official/public records—depending on the jurisdiction. Reliability alone isn’t the rule for admissibility; rather, the court applies these established exceptions to determine whether the hearsay evidence may be admitted.