Rule 802. Hearsay Rule

• Library: South Carolina Evidence Annotated (SCBar) (2021 Ed.)

Rule 802. Hearsay Rule

Hearsay is not admissible except as provided by these rules or by other rules prescribed by the Supreme Court of this State or by statute.

Note:

The rule replaces the words "by the Supreme Court pursuant to statutory authority or by Act of Congress" found in the federal rule with "by the Supreme Court of this State or by statute." It is consistent with the general rule that hearsay is not admissible unless it fits within an exception to the hearsay rule. Jolly v. State, 314 S.C. 17, 443 S.E.2d 566 (1994); Lee v. Gulf Ins. Co., 248 S.C. 296, 149 S.E.2d 639 (1966).

Annotations Rule 802

Agency Report

Agency report is generally admissible under the business records exception to the rule against hearsay. S.C. Dep't of Revenue v. Meenaxi, Inc., 417 S.C. 639, 654, 790 S.E.2d 792, 800 (Ct. App. 2016).

Context

"There is no "context" exception to the hearsay rule." State v. Washington, 431 S.C. 619, 623, 848 S.E.2d 794, 796 (Ct. App. 2020).

Contract

Written contracts "offered in court not for the truth of any facts stated in [them] but to prove the existence of a contractual right or duty" should not be excluded as hearsay. Deep Keel, LLC v. Atl. Private Equity Grp., LLC, 413 S.C. 58, 70, 773 S.E.2d 607, 613 (Ct. App. 2015).

Corroboration

"[I]mproper corroboration testimony that is merely cumulative to the victim's testimony cannot be harmless." "'[I]t is precisely this cumulative effect which enhances the devastating impact of improper corroboration.'" Vail v. State, 402 S.C. 77, 738...