Hearsay Objection

Crawford v. Washington, 541 U.S. 36 (2004)

Held that the Confrontation Clause bars admission of testimonial hearsay in criminal cases unless the declarant is unavailable and the defendant had a prior opportunity for cross-examination.

Ohio v. Clark, 576 U.S. 237 (2015)

Held that statements by a three-year-old child to a teacher identifying his abuser were not testimonial hearsay, allowing admission without confrontation concerns.

Williamson v. United States, 512 U.S. 594 (1994)

Narrowed the statement-against-interest exception (Rule 804(b)(3)) by holding that only truly self-inculpatory portions of a narrative qualify, not collateral statements that implicate others.

When should I raise a hearsay objection?

Raise a hearsay objection when a witness is asked to testify about an out-of-court statement and the statement is being offered to prove the truth of the matter asserted. You must object promptly — before the witness answers — or the objection may be waived. Consider whether an exception might apply before objecting to avoid appearing unprepared.

What are the most common hearsay exceptions used at trial?

The most frequently invoked exceptions are present sense impression (Rule 803(1)), excited utterance (Rule 803(2)), then-existing mental/emotional/physical condition (Rule 803(3)), statements for medical diagnosis (Rule 803(4)), business records (Rule 803(6)), and former testimony (Rule 804(b)(1)). Each has specific foundational requirements.

How do I respond when opposing counsel raises a hearsay objection?

Respond by arguing either that the statement is not hearsay (it is not offered for the truth of the matter asserted, or it qualifies as a non-hearsay admission under Rule 801(d)), or that a recognized exception applies. Be prepared to articulate the specific rule and lay the necessary foundation.