Atlanta Hearsay Defense Lawyer | Bixon Law

Atlanta Defense Lawyer for Hearsay Case

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In the words of trial advocacy experts, Peter Murphy and D. Barnard, “the rule against hearsay ranks as one of the law’s most celebrated nightmares.” And, it’s true! Even for seasoned attorneys, mastering the rule against hearsay and all of its’ exceptions is a difficult task. However, we think understanding hearsay is a little easier when you remember the reason why most hearsay is banned from trial—to force litigants to present the best possible testimony in the courtroom based on facts and not secondhand accounts. The idea is that firsthand reports are more reliable than…well…hearsay. Hearsay—whether it is admitted into evidence or not—can affect your case. The real nightmare, we suggest, is for an innocent person to be convicted of an offense based on unreliable information.

What Is Hearsay?

Under Georgia law and in line with federal law, “hearsay” means a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted. O.C.G.A. § 24-8-801(c). A “statement” means: (1) an oral or written assertion; or, (2) nonverbal conduct of a person, if it is intended by the person as an assertion. Now, you may be asking yourself, what is a declarant? A declarant is the person who makes a statement based on firsthand knowledge and any statement is potential hearsay unless it is made by a declarant on the witness stand.

Let’s say you and your friend, Jane, are out for an evening jog. You two stop at an intersection to catch your breath. While there, you two witness a drive-by shooting. You are subpoenaed to testify in court about the incident, but Jane is not. It’s perfectly fine for you to testify to what you witnessed. However, you wouldn’t be allowed to testify to what Jane said she saw. Because Jane isn’t there to be questioned under oath and to confirm what she witnessed, your account of what Jane saw would be a secondhand report.