What is the rule against hearsay?

Hearsay is an unreliable form of evidence that is not allowed in military courts. It is defined as an out-of-court statement offered to prove the truth of the matter asserted. In military law, hearsay is predominantly prohibited due to the fact that it does not give the accused an opportunity to challenge the reliability and accuracy of the person making the statement. In a military court in Tennessee, the military judge presiding over a case may consider hearsay only if it is proven to be reliable. To determine if hearsay is reliable, the judge will consider the circumstances under which the statement was made, the reliability of the witness, and other evidence that might support the statement. In military law, hearsay is primarily used to establish the relationship and communication between witnesses who were not present in the courtroom, such as in the case of a witness stating something they heard about the accused from another witness. However, even in this case, the reliability of the statement must be compared to other evidence presented in the case. In Tennessee, hearsay evidence is generally not admitted in a military court, due to the fact that it is inherently unreliable in comparison to other sources. It is, however, possible for a judge to consider the evidence as long as it is found to be reliable. Ultimately, the judge has the right to determine whether hearsay can be used in the court or not.

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What is the rule against hearsay?

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