Chapter 3 - §2. Steps for conducting hearsay analysis

• Jurisdiction: United States

§2. Steps for conducting hearsay analysis

To properly conduct a hearsay analysis for a particular piece of evidence, the party must answer the following questions:

Step 1. Is the evidence hearsay? The first question is whether the evidence is in fact hearsay. See "Characterization of hearsay evidence," ch. 3-A, §3. If the evidence is not hearsay, no further analysis under the hearsay rule is necessary.

Step 2. Does the proceeding permit the introduction of hearsay? If the evidence is hearsay, the next question is whether the proceeding permits the introduction of hearsay evidence without establishing a hearsay...