Thompson Coburn associate Matt Nevola wrote a recent article in the American Bar Association’s Litigation Section on the issue of hearsay admissibility, the role of cross-examination, and the importance of trial preparation. Matt emphasized that a “witness’s presence on the stand under oath does not guarantee the admissibility of the witness’s prior out-of-court statements.”
He wrote, “Generally, federal and corollary state evidentiary rules require out-of-court statements, offered to prove the truth of the matter asserted, to fall within either an exclusion from the hearsay definition or an exception to the hearsay rule.” Matt explained that unless an out-of-court statement fits into a specific exception, it is typically inadmissible.
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