What is hearsay?

Hearsay can be a very complicated area of law, which can even trip up lawyers and judges from time to time which is often why arbitrators ignore it. Generally speaking, hearsay is evidence that is based on the reports of others rather than the personal knowledge of a witness. Hearsay is not admissible in court.

An example of hearsay would be having a witness at a trial say, "I heard from Joe’s mom that Joe was at the movies that night." In this case the witness has no personal knowledge that Joe actually was at the movies, he’s just repeating what someone told him. The court feels that if it’s important to the case to have the whereabouts of Joe established, the lawyer should get the Mother into the courtroom to testify.

One of the most frustrating experiences for any spouse who is trying to explain a situation is the courtroom is to have a lack of evidence. Telling the judge is one thing and proving it is another. Evidence takes precedence in decision making for a judge.