hearsay

Hearsay is an out of court statement offered for the truth of matter asserted.

If a witness testifies that he “read” or “heard” someone else say “X” and the jury is being asked to believe that “X” is true, then the testimony is hearsay.

For example, Walter testifies that Warren said to him, “David was in Chicago last week.” Walter’s testimony would be hearsay if this statement is being offered to prove that David was in Chicago.  However, it might not be hearsay if it is being offered to prove that Warren knows David.

Hearsay is usually inadmissible at trial.