What are the rules for hearsay evidence in criminal cases?

In Arizona, hearsay evidence is not generally allowed in criminal cases. Hearsay is defined as a statement that is not made by the witness when testifying, but is instead something the witness heard from a third party. Because hearsay statements do not allow for direct examination or cross-examination of the witness, they are generally not permitted in Arizona’s criminal courts. The Rules of Evidence do allow some exceptions for hearsay. One exception is if the out-of-court statement is made to a law enforcement officer for the purpose of obtaining a prompt investigation. Also, if the out-of-court statement is made by an unavailable witness, the statement can be admitted as hearsay evidence if it is supported by other evidence and has circumstantial guarantees of trustworthiness. The Rules of Evidence also allow certain medical, business, and ancient documents to be admitted as hearsay; these documents must meet certain criteria to be considered admissible. Additionally, statements made by a defendant during the commission of a crime may also be admitted as hearsay testimony. Although the Rule of Evidence allows certain exceptions, they are limited. It is important to remember that hearsay evidence in criminal cases in Arizona is generally not admissible.

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