What is the general rule of the Hearsay Rule?

What is the general rule of the Hearsay Rule?

• A. Hearsay is admissible.
• B. Hearsay is admissible only if the declarant testifies.
• C. Hearsay is admissible if the witness is an expert.
• D. Hearsay is inadmissible.

Answer: (D)

Hearsay is inadmissible as a general rule. An out-of-court statement offered to prove the truth of the matter asserted is treated with caution because the person who made the statement isn’t in court to be cross-examined about its accuracy or context, so its reliability can’t be tested in the moment. To use it anyway, the statement must fit one of the many recognized exceptions or exclusions that allow such evidence to be admitted under specific conditions. Examples include things like excited utterances, business records, statements against interest, and dying declarations, among others. Because the question asks for the general rule, the key point is that, without an applicable exception, hearsay evidence is not admissible.

Hearsay is inadmissible as a general rule. An out-of-court statement offered to prove the truth of the matter asserted is treated with caution because the person who made the statement isn’t in court to be cross-examined about its accuracy or context, so its reliability can’t be tested in the moment. To use it anyway, the statement must fit one of the many recognized exceptions or exclusions that allow such evidence to be admitted under specific conditions. Examples include things like excited utterances, business records, statements against interest, and dying declarations, among others. Because the question asks for the general rule, the key point is that, without an applicable exception, hearsay evidence is not admissible.