Chapter 3 - B. Exceptions to Hearsay Rule

• Jurisdiction: United States

B. Exceptions to Hearsay Rule

If the proponent of hearsay evidence can show that the statement is covered by an exception to the hearsay rule, then the statement is not inadmissible as hearsay. Exceptions to the hearsay rule are generally found in the Evidence Code, but they can also be judicially created. See Evid. C. §1200(b); In re Cindy L. (1997) 17 Cal.4th 15, 28. Satisfying a hearsay exception only overcomes a hearsay objection; it does not make the evidence per se admissible. See 1 Witkin, California Evidence (5th ed.), Hearsay, §8. For example, evidence that meets a hearsay exception can still be inadmissible if it consists of improper character evidence, if it is privileged, if the statement violates a constitutional right that would warrant its exclusion...