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 exception. See "Proceedings permitting hearsay evidence," ch. 3-A, §4. If the proceeding does permit hearsay evidence, then Step 3 does not need to be addressed.

Step 3. Is there an exception to the hearsay rule? If the evidence is hearsay and the proceeding does not permit the introduction of hearsay evidence without establishing a hearsay exception, the next question is whether the evidence satisfies any of the exceptions to the hearsay rule. See "Exceptions to Hearsay Rule," ch. 3-B, §1 et seq. Generally, if the evidence is hearsay, it is not admissible unless an exception to the hearsay rule applies. If no exception applies, the evidence is considered inadmissible hearsay.

Step 4. Does the evidence violate the defendant's confrontation rights? If the evidence meets an exception to the hearsay rule, the next question is whether the evidence is inadmissible under the Confrontation Clause of the Sixth Amendment to the U.S. Constitution...