What is hearsay evidence?

Hearsay evidence is evidence given by one person about a statement made by another person. It is not direct evidence and is inadmissible in court because it is not reliable. In Florida, a hearsay statement is defined as “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." The purpose of not allowing hearsay evidence in court is to prevent people from making false statements without any accountability, as the other person cannot cross-examine the statement or ask questions about it. Florida courts use a two-pronged test to determine if hearsay is admissible in court. The first prong asks if the statement is reliable and trustworthy, and if not, the statement is excluded. The second prong examines the purpose of the admission, and if it is to prove the truth of the matter asserted, it is excluded. In order for hearsay evidence to be admissible in court, it must meet one of the many exceptions allowed by law or be a statement made by the witness while under oath, and they must also be able to attest to the truthfulness of the statement.

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