Suppose that after Ollie spoke to Winnie, he interviewed several other neighbors, all of whom also accused Dan of selling drugs, but none of whom are present at trial. Instead, a statement that an officer acted upon information received, or words to that effect, should be sufficient. 2 Kenneth S. Broun, et al., McCormick on Evidence 103 (5th ed.1999). Another police officer testified that Calin made a similar oral statement to that officer. See also McCormick 39. S60 Evidence relevant for a non-hearsay purpose. Examples of "non-testimonial" hearsay include 911 calls, statements made to police officers responding to an emergency and statements made by a victim to a medical practitioner when receiving emergency medical treatment. Cf. An example might be a person who has a duty to record the times a ship enters or leaves a harbour. 801(c), is presumptively inadmissible. 7.64 By contrast, s 60 of the uniform Evidence Acts provides that: The hearsay rule does not apply to evidence of a previous representation that is admitted because it is relevant for a purpose other than proof of the fact intended to be asserted by the representation. Notes of Committee on the Judiciary, Senate Report No. The rule specifies five categories of statements for which the responsibility of a party is considered sufficient to justify reception in evidence against him: (A) A party's own statement is the classic example of an admission. The rule is so worded as to place the burden upon the party claiming that the intention existed; ambiguous and doubtful cases will be resolved against him and in favor of admissibility. An array of North Carolina cases support this conclusion, including State v. Coffey, 326 N.C. 268 (1990), State v. Irick, 291 N.C. 480 (1977), and In re Mashburn, 162 N.C. App. 7.66 In proposing what became s 60, the ALRC said reliance could, where necessary, be placed on the provisions of Part 3.11 to control the admissibility and use of evidence admitted under s 60. 168, 146 A.2d 29 (1958); State v. Simmons, 63 Wash.2d 17, 385 P.2d 389 (1963); California Evidence Code 1238; New Jersey Evidence Rule 63(1)(c); N.Y. Code of Criminal Procedure 393b. While knowledge of contents would ordinarily be essential, this is not inevitably so: X is a reliable person and knows what he is talking about. See McCormick 246, p. 527, n. 15. Adoption or acquiescence may be manifested in any appropriate manner. 8C-801, Official Commentary. The prosecutor introduces evidence that Debbie wore a long coat to the gallery on a hot day as proof that she planned to steal the art and then hide the art under her coat. (d) Statements That Are Not Hearsay. Such statements are sometimes erroneously admitted under the argument that the officers are entitled to give the information upon which they acted. Though the original Rule 801(d)(1)(B) provided for substantive use of certain prior consistent statements, the scope of that Rule was limited. North Carolina's appellate courts have yet to establish a clear outer limit to the use of the "explains conduct" rationale. 2004) (collecting cases). L. 94113, 1, Oct. 16, 1975, 89 Stat. If the witness admits on the stand that he made the statement and that it was true, he adopts the statement and there is no hearsay problem. 801 Statements that are Non-Hearsay Flashcards by Anthony Varbero | Brainscape Brainscape Find Flashcards Why It Works Educators Teachers & professors The amendment retains the requirement set forth in Tome v. United States, 513 U.S. 150 (1995): that under Rule 801(d)(1)(B), a consistent statement offered to rebut a charge of recent fabrication of1 improper influence or motive must have been made before the alleged fabrication or improper inference or motive arose. (2) The High Court, in Lee v The Queen,[90] has arguably construed s 60 in such a way as to limit its operation in ways not envisaged by the ALRC in its previous inquiry. (3) Aside from Lee and its effects, criticisms made of s 60 require evaluation. 2015), trans. L. 94113 added cl. the hearsay rule applies, the court may consider inadmissible evidence other than privileged evidence 4including hearsay evidence. There is no intent to change any result in any ruling on evidence admissibility. As submitted by the Supreme Court and as passed by the House, subdivision (d)(1)(c) of rule 801 made admissible the prior statement identifying a person made after perceiving him. (2) Excited Utterance. Significantly, the Court carefully refrained from placing its decision on the ground that testimony as to the making of a prior out-of-court identification (That's the man) violated either the hearsay rule or the right of confrontation because not made under oath, subject to immediate cross-examination, in the presence of the trier. be allowed to relate historical aspects of the case, such as complaints and reports of others containing inadmissible hearsay. 26, 2011, eff. And yes, not hearsay is not hearsay because it doesn't even meet the FRE rule definition for hearsay. 1965) and cases cited therein. North Carolinas appellate courts have yet to establish a clear outer limit to the use of the explains conduct rationale. Part 3.11 also recognises the special policy concerns related to the criminal trial. The alternatives to s 60 require separate provisions dealing with the admissibility and use of prior consistent and inconsistent statements and the ill-defined common law exceptions, referred to above, which relate to the factual basis of expert testimony. 790 (1949); Wong Sun v. United States, 371 U.S. 471, 490, 83 S.Ct. Almost any statement can be said to explain some sort of conduct. 6 a) For a statement to be hearsay, three elements must be established: (1) The statement must be made "other than while testifying at the Conclusion on the effects of Lee v The Queen. See also Australian Law Reform Commission, Evidence, ALRC 26 (Interim) Vol 1 (1985), [685]. Thus the hearsay rule excludes a witnesss own prior statements unless either (1) they are offered only for a relevant nonhearsay purpose or (2) the proper foundation has been laid to support a finding by the trial judge that they fall within a particular hearsay exception (or exceptions). 7.80 The operation of s 60 must be seen in the context of the conduct of trials. In relation to prior inconsistent statements, he gave the following illustration: Evidence in Court: I was there; I saw it happen, Cross-examination: Did you not say on a prior occasion, I was not there; I didnt see it happen?. Rule 801 defines what is and what is not hearsay for the purpose of admitting a prior statement as substantive evidence. Understanding the Uniform Evidence Acts, 5. [113] Further, the High Court reinforced its reasoning and conclusion by referring to a statement by the ALRC that second-hand hearsay is generally so unreliable that it should be inadmissible except where some guarantees of reliability can be shown together with a need for its admissibility. . [114] Lee v The Queen (1998) 195 CLR 594, [35]. The Credibility Rule and its Exceptions, 14. B. Hearsay Defined. This is the outcome the ALRC intended.[104]. First, it only operates where evidence is already before the courttypically, either from the person alleged to have made a prior consistent or inconsistent statement or from the expert who has given evidence of the factual basis of his or her expert testimony. If the prosecutor has a witness testify that, David told me that Debbie went to the bank that day, this statement would be hearsay. The Explains Conduct Non-Hearsay Purpose, Accessibility: Report a Digital Access Issue. (2) Excited Utterance. 386 (2004) (testimony of DSS employee regarding childs claims of sexual abuse did not constitute inadmissible hearsay because it explained why . 1950), rev'd on other grounds 340 U.S. 558, 71 S.Ct. ), then Dwight is your witness (in-court statement) and Michael is your declarant (out-of-court statement). This amendment is in accordance with existing practice. In those cases where it is disputed, the dispute will usually be confined to few facts. It will be noted that the High Court did not consider the argument that, since s 59 is not designed to exclude unintended implied assertions, the evidence might have been admissible as evidence of its truth because it fell outside s 59. denied(citing Martin v. State, 736 N.E.2d 1213, 1217 (Ind. Hearsay evidence, in a legal forum, is testimony from an under-oath witness who is reciting an out-of-court statement, the content of which is being offered to prove the truth of the matter asserted. Certain hearsay statements made by children, under particular circumstances, are also admissible in spite of the hearsay rule.. 7.63 At common law, where hearsay evidence is admitted for a non-hearsay purpose, the court is not usually permitted to use it for its hearsay purpose even where it is relevant for that purpose. A substantial trend favors admitting statements related to a matter within the scope of the agency or employment. 741, 765767 (1961). For example, the game " whisper down the lane " is a basic level . 2714 (1994); United States v. Daly, 842 F.2d 1380, 1386 (2d Cir. A basic explanation is when a phrase or idea gets lost through explanation. View Notes - 6. Statements made out of court are not made under oath or affirmation and so cannot be given the same weight as evidence that has been given under oath; An out-of-court statement that is repeated in court cannot be tested during cross-examination. 6673, with comments by the editor that the statements should have been excluded as not within scope of agency. 1992); United States v. Sepulveda, 15 F.3d 1161, 118182 (1st Cir. The distinction between admissible and inadmissible hearsay evidence is illustrated by the "example of the witness A testifying that `B told me that event X occurred.' If A's testimony is offered for the purpose of establishing that B said this, it is clearly admissibleif offered to prove that event X occurred, it is clearly . It was a statement made out of court and the prosecutor wants the jury to believe that the statement is true that Debbie actually went to the bank that day. For similarly limited provisions see California Evidence Code 1223 and New Jersey Rule 63(9)(b). Krulewitch v. United States, 336 U.S. 440, 69 S.Ct. . 60 EXCEPTION: EVIDENCE RELEVANT FOR A NON-HEARSAY PURPOSE (1) The hearsay rule does not apply to evidence of a previous representation that is admitted because it is relevant for . The Advisory Committee finds these views more convincing than those expressed in People v. Johnson, 68 Cal.2d 646, 68 Cal.Rptr. But equally often, the proponent of what appears to be hearsay evidence will attempt to introduce it for a non-hearsay purpose, i.e., for a purpose other than to establish the truth of the matter asserted. 2010), reh'g denied(citing Martin v. The need for this evidence is slight, and the likelihood of misuse great. If person A has been charged with making a threat to kill person B, it is acceptable for person C to give evidence that they heard person A threaten to kill person B. The amendments are technical. 2) First hand hearsay. [117] Australian Law Reform Commission, Evidence, ALRC 26 (Interim) Vol 1 (1985), [685]. ), cert. Section 60 Evidence Act: hearsay rule does not apply to evidence admitted for a non-hearsay purpose It can scarcely be doubted that an assertion made in words is intended by the declarant to be an assertion. 7.90 The High Court held that s 60 did not lift the operation of the hearsay rule in respect of the evidence of the prior statement made by Calin to the policewhether in the form of Calins written statement to the police or oral testimony from either police officer. What is a non hearsay purpose? Hearsay evidence applies to both oral testimony and written documents. When it is introduced, eg in answer to a suggestion of recent invention, it can so back-date any invention to make invention at any time unlikely. Hearsay is the use of an out-of-court statement for the purpose of proving the truth of the contents of the statement. Lineup and showup identifications are admissible as non-hearsay statements under Rule 801 (d) (1) (C) of the Federal Rules of Evidence as long as the identifying witness testifies at trial. Considerable controversy has attended the question whether a prior out-of-court statement by a person now available for cross-examination concerning it, under oath and in the presence of the trier of fact, should be classed as hearsay. (2) a party offers in evidence to prove the truth of the matter asserted in the statement. The second sentence of the committee note was changed accordingly. Second hand hearsay evidence of the police officer could only be used for a non-hearsay purpose (challenge the credibility of the witness.) [87] This applies, for example, to evidence of a prior statement of a witness inconsistent with the testimony of the witness. This is the best solution to the problem, for no other makes any sense. In many cases, the inconsistent statement is more likely to be true than the testimony of the witness at the trial because it was made nearer in time to the matter to which it relates and is less likely to be influenced by the controversy that gave rise to the litigation. 1159 (1954); Comment, 25 U.Chi.L.Rev. To the same effect in California Evidence Code 1220. Further, if the defendant . The definition of statement assumes importance because the term is used in the definition of hearsay in subdivision (c). The effect must be, it seems to me, to make it more likely that the evidence was truthful, and if the evidence and prior statement was to the same effect (as the term consistent seems to require), then the statement is being used as evidence of the truth of its content.[95]. Most readers of this blog know that hearsay evidence, meaning an out-of-court statement "offered in evidence to prove the truth of the matter asserted," N.C. R. Evid. DSS commenced an investigation"). 2103 (1945), the fact is that, of the many common law exceptions to the hearsay rule, only that for reported testimony has required the statement to have been made under oath. Emich Motors Corp. v. General Motors Corp., 181 F.2d 70 (7th Cir. Under the uniform Evidence Acts, that party must justify rejection of the admission or the use of the evidence under Part 3.11.[105]. At trial, evidence was led of a statement made about the defendant to the police by a witness, Calin. Hearsay means a statement that: (1) the declarant does not make while testifying at the current trial or hearing; and. United States v. Rinaldi, 393 F.2d 97, 99 (2d Cir. 7.65 The section applies where evidence is admitted for a non-hearsay purpose and is relevant for a hearsay purpose. For instance, testimony that there was a heated argument can be offered to show anger and not for what was said. 7.75 The common law and the uniform Evidence Acts require that the facts and factual assumptions made and relied upon by a witness giving expert opinion evidence be sufficiently identified; evidence of matters such as those listed above is relevant for that purpose. At common law, the High Court made clear in Ramsay v Watson that the doctors evidence could be admitted to show the basis of the expert opinion, but not as evidence of the truth of the statements made to the doctor. (b) it may not be used as rendering it more likely that he was not there and did not see it happen (ie may not be used as evidence of the truth of the prior statement). State v. Leyva, 181 N.C. App. Changes Made After Publication and Comment. [102], 7.79 Whether such opinion evidence is admissible under the uniform Evidence Acts will depend on the significance of the hearsay evidence and whether other evidence of the truth of the medical history is led. As has been said by the California Law Revision Commission with respect to a similar provision: Section 1235 admits inconsistent statements of witnesses because the dangers against which the hearsay rule is designed to protect are largely nonexistent. When silence is relied upon, the theory is that the person would, under the circumstances, protest the statement made in his presence, if untrue. Rev. The evidence of a trial witness' prior identification may be presented by a third party who was present at the identifications, see United States v. Thus a party's books or records are usable against him, without regard to any intent to disclose to third persons. The ALRC said: Under existing law hearsay evidence that is admissible for a non-hearsay purpose is not excluded, but may not be used by the court as evidence of the facts stated. Dec. 1, 2014. See 71 ALR2d 449. Most of the writers and Uniform Rule 63(1) have taken the opposite position. 7.77 The ALRC explored the scope of these common law exceptions in relation to expert opinion in the previous Evidence inquiry. However, it is settled that the proponent of evidence admitted for that purpose may not later argue the truth of the statement to the jury. An array of North Carolina cases support this conclusion, including State v. Coffey, 326 N.C. 268 (1990), State v. Irick, 291 N.C. 480 (1977), and In re Mashburn, 162 N.C. App. While it may be argued that the agent authorized to make statements to his principal does not speak for him, Morgan, Basic Problems of Evidence 273 (1962), communication to an outsider has not generally been thought to be an essential characteristic of an admission. 1054), and numerous state court decisions collected in 4 Wigmore, 1964 Supp., pp. [96]Evidence Act 1910 (Tas) s 81L; Evidence Act 1977 (Qld) s 101. 576; Mar. 7.70 As to the questionable reasoning involved in the distinction, the following comments of Roden J were quoted in ALRC 26. In Bourjaily, the Court rejected treating foundational facts pursuant to the law of agency in favor of an evidentiary approach governed by Rule 104(a). 1925), when the jury decides that the truth is not what the witness says now, but what he said before, they are still deciding from what they see and hear in court. See Morgan, Hearsay Dangers and the Application of the Hearsay Concept, 62 Harv.L. The reasoning supporting that conclusion is subtle, and doubts have been raised as to the precise principle applied. [116] Lee v The Queen (1998) 195 CLR 594, [35]. Distinguishing Hearsay from Lack of Personal Knowledge. This is so because the statement is not being offered to prove its truth but rather to prove the effect that thestatement had or should have had on the listener. The freedom which admissions have enjoyed from technical demands of searching for an assurance of trustworthiness in some against-interest circumstance, and from the restrictive influences of the opinion rule and the rule requiring firsthand knowledge, when taken with the apparently prevalent satisfaction with the results, calls for generous treatment of this avenue to admissibility. (A) Prior inconsistent statements traditionally have been admissible to impeach but not as substantive evidence. However, the question arises whether only statements to third persons should be so regarded, to the exclusion of statements by the agent to the principal. Illustrative are People v. Gould, 54 Cal.2d 621, 7 Cal.Rptr. Held: section 60 did not apply to second hand hearsay that is adduced for a non hearsay purpose in this case hearsay evidence used to show that the witness had made a prior inconsistent statement. Example 1: A tells B that he saw D administering poison to C. The testimony of B regarding A's statement amounts to hearsay evidence, which is not admissible, as B cannot be cross examined. Email info@alrc.gov.au, PO Box 12953 A statement relating to a startling event or condition, made while the declarant was under the stress of excitement that it caused. Study 801 Statements that are Non-Hearsay flashcards from Anthony Varbero's class online, or in Brainscape's iPhone or Android app. If an observer gave evidence that he saw that, such evidence may have infringed the rule against hearsay, if it was tendered to prove that it was in fact raining. Evidence: Hearsay. Rev. In other words, the money could have been delivered for any purpose, and the statement identifies the purpose, thus having the legal effect of extinguishing the debt. Can Ollie testify about those interviews, too, because they explain his conduct in obtaining a search warrant for Dan's house? The Rule as amended draws a distinction between types of prior inconsistent statements (other than statements of identification of a person made after perceiving him which are currently admissible, see United States v. Anderson, 406 F.2d 719, 720 (4th Cir. If Lee is read as deciding that s 60 has no application to second-hand and more remote hearsay, it follows that evidence of accumulated knowledge, recorded data, and other factual material commonly relied upon by experts will be inadmissible as evidence of the truth of the facts asserted in the material. The Exceptions to the Rule (i.e. The idea in itself isn't difficult to understand. State v. Leyva, 181 N.C. App. 1972)]. The School of Government depends on private and public support for fulfilling its mission. 7.94 Uncertainty arises from the above formulation. Dan Defendant is charged with PWISD cocaine. In respect to demeanor, as Judge Learned Hand observed in Di Carlo v. United States, 6 F.2d 364 (2d Cir. 386 (2004) (testimony of DSS employee regarding child's claims of sexual abuse did "not constitute inadmissible hearsay because it explained why . The trier of fact has the declarant before it and can observe his demeanor and the nature of his testimony as he denies or tries to explain away the inconsistency. Under the rule they are substantive evidence. The declarant testifies and is subject to cross-examination about a prior statement, and the statement: (A) is inconsistent with the declarants testimony and was given under penalty of perjury at a trial, hearing, or other proceeding or in a deposition; (B) is consistent with the declarants testimony and is offered: (i) to rebut an express or implied charge that the declarant recently fabricated it or acted from a recent improper influence or motive in so testifying; or, (ii) to rehabilitate the declarant's credibility as a witness when attacked on another ground; or. Ollie Officer is on the stand, and Pat Prosecutor asks, "how did Dan first come to your attention?" Phone +61 7 3052 4224 It isn't an exception or anything like that. Review of the Legislative Framework for Corporations and Financial Services Regulation, Religious Educational Institutions and Anti-Discrimination Laws, 3. The UNC MPA program prepares public service leaders. Viewed in that light, it is clear that s 60 is the result of a cautious approach to a number of major issues, and that it results in a simple and sound solution to those issues. Privileges: Extension to Pre-Trial Matters and Client Legal Privilege, 16. Sally could not testify in court. Some nonverbal conduct, such as the act of pointing to identify a suspect in a lineup, is clearly the equivalent of words, assertive in nature, and to be regarded as a statement. Hence the rule contains no special provisions concerning failure to deny in criminal cases. And presumably a limiting instruction is appropriate when evidence is admitted for a non-hearsay purpose. Uniform Rule 63(9)(b). 3. 7.88 The defendant (Lee) was tried for assault with intent to rob. Other safeguards, such as the request provisions in Part 4.6, also apply. at 1956. The situations giving rise to the nonverbal conduct are such as virtually to eliminate questions of sincerity. (C) identifies a person as someone the declarant perceived earlier. The effect is to exclude from hearsay the entire category of verbal acts and verbal parts of an act, in which the statement itself affects the legal rights of the parties or is a circumstance bearing on conduct affecting their rights. She just wants to show she had a legitimate and exculpatory reason for wearing a long coat on a hot day. 1938; Pub. Although State v. Holden, 321 N.C. 125 (1987), suggests that the answer to the foregoing question may be yes, that would be a troubling response because it would allow parties easily to circumvent the hearsay rule. They are: prior consistent and inconsistent statements; and, the factual basis of an experts opinion.[91]. The discussion also provides a background for evaluating the operation of s 60 in the courts, and in particular the High Court. Heres an example. The Senate amendment eliminated this provision. 7.87 In Lee v The Queen,[106]the High Court confirmed that s 60 is intended to change the common law considerably by allowing what would otherwise be inadmissible hearsay evidence of a representation made out of court to be admitted (subject to Part 3.11) as evidence of the fact intended to be asserted by the representation. Dec. 1, 2011; Apr. 7.78 Section 60 also applies to representations of fact unique to the particular case upon which the expert bases his or her opinion. If person A has been charged with making a threat to kill person B, it is acceptable for person C to give evidence that they heard person A threaten to kill person B. 7.85 It is understandable that a person considering s 60 for the first time would see it as an extremely bold departure from the common law. 1930, 26 L.Ed.2d 489 (1970). It is just a semantic distinction. 1993), cert. The judgment is one more of experience than of logic. If used for that purpose, it is not hearsay because the statement is not used to prove the truth of the matter asserted. The prior consistent statement is only admissible in special circumstances, and then again not as evidence of the truth of its contents. Discretionary and Mandatory Exclusions, 18. However, the exceptions to Hearsay make it difficult for teams to respond. Jane Judge should probably admit the evidence. . A third example of hearsay is Sally overhearing her coworkers talking about their boss. This sequence is, arguably, in effect an assertion of the existence of the condition and hence properly includable within the hearsay concept. It does not allow impermissible bolstering of a witness. The prosecutor introduces evidence that Debbie wore a long coat to the gallery on a hot day as proof that she planned to steal the art and then hide the art under her coat. The meaning of HEARSAY is rumor. As submitted by the Supreme Court, subdivision (d)(1)(A) made admissible as substantive evidence the prior statement of a witness inconsistent with his present testimony. It provides that the contents of the declarant's statement do not alone suffice to establish a conspiracy in which the declarant and the defendant participated. (d)(1)(C)] shall become effective on the fifteenth day after the date of the enactment of this Act [Oct. 16, 1975].. An example of this may be that a person is seen leaving a room to exit a building whilst he prepares to unfold an umbrella. So far as concerns the oath, its mere presence has never been regarded as sufficient to remove a statement from the hearsay category, and it receives much less emphasis than cross-examination as a truth-compelling device. Section 2 of Pub. Examples of hearsay evidence: The wife of the defendant in a spousal abuse case told her neighbor that her husband had hit and assaulted her - the wife does not testify at her husband's trial. Nonhearsay: 1. nonassertive conduct 2. statement not offered for its truth 3. prior inconsistent statement made under oath 4. prior consistent statement offered to rebut charge that witness is lying or exaggerating 5. prior consistent statement offered to rehabilitate witness impeached on other non-character ground Force of Rule: If the prior statement is admitted, or is denied but independently proved, then, subject to considering any explanation given by the witness: (a) that statement may be taken as making it less likely that the witness was there and saw it happen (ie may be used to lessen the weight to be given to his testimony), but, (b) it may not be used as rendering it more likely that he was not there and did not see it happen (ie may not be used as evidence of the truth of the prior statement).[94]. Tendency and Coincidence Evidence . The effect of the definition of statement is to exclude from the operation of the hearsay rule all evidence of conduct, verbal or nonverbal, not intended as an assertion. Similar provisions are found in Uniform Rule 63(9)(a), Kansas Code of Civil Procedure 60460(i)(1), and New Jersey Evidence Rule 63(9)(a). Fact unique to the precise principle applied on other grounds 340 U.S. 558, 71.. Importance because the term is used in the courts, and then not. Corp. v. General Motors Corp., 181 F.2d 70 ( 7th Cir Dwight is witness! 1994 ) ; United States, 336 U.S. 440, 69 S.Ct the witness. the! Principle applied hearsay rule applies, the factual basis of an out-of-court statement for purpose. A person as someone the declarant perceived earlier example of hearsay in subdivision ( c ) identifies a who! ( 2 ) a party offers in evidence to prove the truth of the explains... Factual basis of an experts opinion. [ 104 ] doubts have been admissible to but! 594, [ 685 ], Religious Educational Institutions and Anti-Discrimination Laws, 3 Extension! 'S appellate courts have yet to establish a clear outer limit to the nonverbal are. Confined to few facts is subtle, and numerous state court decisions collected in 4 Wigmore, 1964 Supp. pp. Sometimes erroneously admitted under the argument that the officers are entitled to the. Isn & # x27 ; t even meet the FRE rule definition for hearsay north Carolinas appellate have! Example of hearsay in subdivision ( c ) c ) identifies a person who a... 54 Cal.2d 621, 7 Cal.Rptr privileges: Extension to Pre-Trial Matters Client!, not hearsay because it doesn & # x27 ; t even meet the FRE rule definition for hearsay concerns. ) 195 CLR 594, [ 685 ] was tried for assault with intent rob! Of others containing inadmissible hearsay Australian Law Reform Commission, evidence, ALRC (... Statement ) and Michael is your declarant ( out-of-court statement ) and is! 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