p. 562XII. Hearsay in general
- Roderick MundayRoderick MundayReader Emeritus in Law, University of Cambridge, Fellow Emeritus of Peterhouse, Cambridge, Bencher of Lincoln’s Inn
Abstract
This chapter takes a look at the hearsay rule. Though it is one of the most complex and confusing of the exclusionary rules of evidence, the hearsay rule can be used as the background and foundation to understand the new statutory provisions for civil and criminal proceedings. The chapter first discusses the hearsay rule at the common law level, explaining why such an exclusionary rule was thought necessary. It also indicates the tenor of this rule's development and reform. Next, the chapter more closely examines the scope of the rule, implied assertions, res gestae, the rule against narrative, and the extent to which admissions constitute an exception to the rule.
