Asked 3/31/2016 – Dallas, TX

For example, Albert is testifying and states, “I was told that Barry was in the park.”

Is this objectionable as hearsay if he is testifying as to what he heard, and not necessarily that Barry was, in fact, actually in the park?

Considering this same argument, would it be any different if Albert testified that “Charlie told me that Barry was in the park”?

If there is objection to this as hearsay, could it also be argued that Albert was testifying to what he heard, and was not stating that Barry was actually in the park?

Answer

Heresay is generally defined as an out of court statement used to prove the truth of the matter asserted the complete definition is compiled in Texas Rules of Evidence Rule 801.. There are exceptions to the hearsay rule listed in Rule 803. In determining in what is objectionable, you must not only look at the statement, you must see why the statement is being offered. If the statement is used to impeach another witness, for example, it is admissible.