Does the common law rule barring the admission of hearsay evidence in a civil case affect the reliability of evidence at trial?

California, United States of America


The following excerpt is from In re Corpus, G054523 (Cal. App. 2018):

The common law rule barring the admission of hearsay evidence - out of court statements used to prove the truth of the matter asserted therein - is likewise designed to enhance the reliability of trial evidence. (See United States v. Winters (6th

Page 8

Cir. 1994) 33 F.3d 720, 723 [citing the reliability of evidence and the opportunity for cross-examination as the twin goals of the hearsay rule]; McCormick on Evidence (2d ed. 1972) 250 at pp. 598-99 [the hearsay rule is intended to guard against "imperfections of perception, memory, and narration"].) To that end, the rule generally precludes the jury from considering extrajudicial statements that are relayed through a witness other than the declarant. (Evid. Code, 1200, subd. (b).) Like all evidentiary rules, this prohibition aims to ensure "both fairness and reliability in the ascertainment of guilt and innocence." (Chambers v. Mississippi (1973) 410 U.S. 284, 302.)

Other Questions


Does a common law rule barring the admission of hearsay evidence in a civil case affect the reliability of evidence at trial? (California, United States of America)
What is the test for admissible testimony at a civil trial of a witness giving evidence in a testimony that was not in the context of the trial? (California, United States of America)
Does the introduction of hearsay evidence in a civil case affect the fairness of a jury trial? (California, United States of America)
When a judge refers to "common sense, common-sense, popular parlance" or "common-sense", does this mean that the judge must be able to rely solely on common sense or common- sense? (California, United States of America)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
Does Defendant have a reciprocal obligation to disclose all relevant evidence obtained before trial, including rebuttal evidence it intends to use at trial? (California, United States of America)
What is relevant evidence in a civil case and what is the test for admissible evidence? (California, United States of America)
How does the prosecution in a civil case establish that there is a connection between a group of individuals with a common name, common identifying symbols and a common enemy? (California, United States of America)
In what circumstances will the Supreme Court strike down a section of the Civil Rights Act that prohibits the use of certain types of civil rights, such as civil liberties, as well as those of the individual, in the context of civil liberties? (California, United States of America)
Does improper admission of evidence affect the fairness of a jury trial? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.