What are the rules for hearsay evidence in criminal trials?

In Indiana, hearsay evidence is not typically admissible in criminal trials. Hearsay evidence is when a witness testifies about things that they have heard from a third party, rather than witnessing an event firsthand. This is usually inadmissible because it is difficult to verify the accuracy of the statement, or if the third party is unavailable for questioning. In certain cases, the court may allow hearsay evidence if it meets certain criteria. The evidence must be reliable and certain, and must be necessary since other evidence is unavailable. The court must find that there is no possibility of obtaining the statements made by the third party, either by subpoenaing the person or other records. Additionally, the court must determine that the hearsay is more reliable than other evidence that could possibly be presented. The court may also consider the hearsay evidence if it is being used to explain why a witness could not testify in the case. This is referred to as “dying declaration” evidence and can be used to explain why a witness is not available, such as if the witness has passed away. In all cases, the court will consider the circumstances surrounding the hearsay evidence and determine if it can be allowed in the case. If the court finds that the hearsay is unreliable or does not meet the criteria for admissibility, the evidence can be discarded.

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What are the rules for hearsay evidence in criminal trials?

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