What is the rule against hearsay?

Hearsay is a type of evidence in a court of law that is not based on direct knowledge or observation of a person. In Utah, military law follows the same rule against hearsay as all other courts. This rule states that hearsay is generally not allowed as evidence in a court of law because it can be unreliable. Hearsay is a statement made by someone other than the person testifying. It could be a statement made by another witness, by a previous witness in a different trial, or even a statement made outside of the courtroom. Hearsay is not considered reliable because it is impossible for the court to assess the truthfulness of the statement, or to determine if the person making the statement has any knowledge of the facts. In Utah, all courts, including the court-martial, follow the rule against hearsay. The court will not accept hearsay evidence from any witness, and if a witness testifies to a statement they heard someone else make, the court may not consider that statement when making their decision. When a witness testifies to what they personally know or observed, then their testimony is considered reliable evidence and may be accepted by the court.

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What is the rule against hearsay?

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