Hearsay
From Common law
Procedure and evidence
What it means
A statement made outside the court that a party tries to use to prove that what it says is true. The common-law rule is to exclude it, with many exceptions.
Why it travels badly
Civil-law courts have no general rule of exclusion. They accept evidence and weigh it freely. So the problem the hearsay rule solves, that the jury might be misled, does not come up in the same way, and there is no word for it.
How other systems say it
hearsay
The Federal Rules of Evidence define hearsay (Rule 801), exclude it (Rule 802), and list many exceptions (Rules 803 to 807).
hearsay
Still a rule, but largely replaced in criminal cases by a statutory scheme in the Criminal Justice Act 2003, which lets in hearsay in listed situations.
freie Beweiswürdigung (§ 286 ZPO)
A civil court weighs evidence freely. In criminal trials, a principle that evidence be given directly (Unmittelbarkeitsgrundsatz) limits reading out earlier statements.
libre appréciation des preuves
The judge assesses all evidence freely, so there is no formal exclusionary rule.
Tip for translators and students
When translating, explain that hearsay is a rule of exclusion in common-law trials. 'Rumour' and 'gossip' are wrong.
See the Legal Dictionary entry →
Related: Jury and lay judges, Discovery, Prosecutor
Updated October 2026. Spotted a mistake? Tell us.
TheLawToKnow Tools’s glossary is an educational overview of the main differences between legal systems. It is not legal advice.
