True or false: The Hearsay Rule prohibits secondhand testimony unless an exception applies.

• A. False
• B. Sometimes
• C. True
• D. Only in civil cases

Answer: (C)

In trials, statements made outside the current proceeding that are offered to prove the truth of the matter asserted are hearsay and are generally not allowed. The Hearsay Rule raises a prohibition on this secondhand testimony unless the statement fits a recognized exception or exclusion. So the statement is true: secondhand testimony is prohibited unless an exception applies. Remember, there are many exceptions (such as party admissions, excited utterances, present sense impressions, business records, etc.) that allow otherwise hearsay evidence to be admitted. This rule applies in both criminal and civil cases, not just civil.