Which statement describes the general rule that hearsay is inadmissible unless covered by an exception or exclusion?

Which statement describes the general rule that hearsay is inadmissible unless covered by an exception or exclusion?

• A. Hearsay admissible without exception
• B. Hearsay admissible if declarant testifies
• C. Hearsay inadmissible unless covered by an exception or exclusion
• D. Hearsay inadmissible only if the declarant is unavailable

Answer: (C)

Hearsay is generally inadmissible unless it fits a recognized exception or exclusion. An out-of-court statement offered to prove the truth of the matter asserted is presumed unreliable, so the rule keeps it out unless a specific rule says it can come in anyway. The reason exceptions exist is that some out-of-court statements have enough reliability or relevance to be admitted despite not being testified to in court. Exclusions function similarly by removing certain statements from the hearsay category altogether, often because they’re not offered for the truth of the matter asserted or fall into a non-hearsay purpose. Because of this framework, the correct description is that hearsay is inadmissible unless covered by an exception or exclusion. The other options misstate the general rule: simply because the declarant testifies doesn’t automatically make the statement admissible, and unavailability of the declarant does not determine admissibility for every hearsay issue.

Hearsay is generally inadmissible unless it fits a recognized exception or exclusion. An out-of-court statement offered to prove the truth of the matter asserted is presumed unreliable, so the rule keeps it out unless a specific rule says it can come in anyway. The reason exceptions exist is that some out-of-court statements have enough reliability or relevance to be admitted despite not being testified to in court. Exclusions function similarly by removing certain statements from the hearsay category altogether, often because they’re not offered for the truth of the matter asserted or fall into a non-hearsay purpose. Because of this framework, the correct description is that hearsay is inadmissible unless covered by an exception or exclusion. The other options misstate the general rule: simply because the declarant testifies doesn’t automatically make the statement admissible, and unavailability of the declarant does not determine admissibility for every hearsay issue.