As a Certified Family Law Specialist and divorce lawyer, we often guide clients through the complexities of divorce, and one area that frequently raises questions is the hearsay rule. Understanding this rule is crucial because it directly impacts what evidence can be presented in court.
What is the Hearsay Rule?
In its simplest terms, hearsay is an out-of-court statement offered in court to prove the truth of the matter asserted. The general rule is that hearsay is inadmissible as evidence. The reason behind this rule is to ensure fairness and reliability in legal proceedings. When a statement is made out of court, the person who made it (the declarant) is not under oath and cannot be cross-examined, making it difficult to assess their credibility or the accuracy of their statement.
Exceptions to the Hearsay Rule
While the hearsay rule is broad, there are numerous exceptions that allow certain out-of-court statements to be admitted as evidence. These exceptions are based on the idea that some statements, despite being hearsay, possess a sufficient guarantee of trustworthiness. Some common exceptions include:
- Declarations Against Interest: A statement that, at the time it was made, was so contrary to the declarant's financial or proprietary interest, or subjected them to civil or criminal liability, that a reasonable person in their position would not have made the statement unless they believed it to be true.
- Excited Utterances: A statement relating to a startling event or condition, made while the declarant was under the stress of excitement that it caused. The theory here is that the excitement of the event makes it unlikely the declarant would fabricate a statement.
- Present Sense Impressions: A statement describing or explaining an event or condition made while the declarant was perceiving the event or condition, or immediately thereafter.
- Statements for Medical Diagnosis or Treatment: Statements made for purposes of medical diagnosis or treatment and describing medical history, or past or present symptoms, pain, or sensations, or the inception or general character of the cause or external source thereof insofar as reasonably pertinent to diagnosis or treatment.
- Business Records: A record of an act, event, condition, opinion, or diagnosis if it was made at or near the time by—or from information transmitted by—someone with knowledge, kept in the course of a regularly conducted business activity, and if it was the regular practice of that business activity to make the record.
- Prior Inconsistent Statements: A statement previously made by a witness that is inconsistent with their current testimony, offered not to prove the truth of the matter asserted, but to impeach the witness's credibility.
How the Hearsay Rule Affects a California Divorce Trial
The hearsay rule significantly impacts California divorce trials, especially when it comes to presenting evidence related to finances, property, or child custody. For example:
- Financial Disclosures: In divorce cases, financial documents and statements are crucial. While these might seem like hearsay, they often fall under the business records exception. However, simply having a bank statement isn't enough; proper foundation must be laid to show it qualifies as a business record.
- Spousal and Child Support: Arguments about spousal support and child support often involve income and expense declarations. While the declarations themselves are written statements, the underlying information needs to be admissible. For instance, a statement from a third party about a spouse's income would be hearsay unless an exception applies.
- Child Custody and Visitation: When addressing child custody, statements made by children to parents, therapists, or other individuals are frequently at issue. For example, in a case where a parties' daughterabout being "scared of mother" or "wants my dad to have 'full custody'" would be hearsay if offered to prove the truth of those statements. The court might consider these statements if they fall under an exception (e.g., statements for medical diagnosis if made to a therapist in that capacity) or for other purposes (e.g., to show the child's state of mind, not necessarily the truth of the statement). The court can also interview the minor child directly, which provides direct testimony rather than hearsay.
- Declarations in Support of Orders: In a Request for Order (RFO), parties submit declarations outlining their positions. While these declarations are under penalty of perjury, the information within them must still adhere to the rules of evidence. For example a court cannot rely on declarations in making a ruling if they were not formally admitted into evidence. This highlights the need for an evidentiary hearing to admit evidence and make sound orders.
- Settlement Negotiations: Discussions during settlement negotiations are generally inadmissible as evidence of liability or the amount of a claim, as this encourages open communication between parties.
Understanding the hearsay rule and its exceptions is essential for anyone involved in a divorce case. It dictates what information can be presented to the court and ultimately influences the outcome of your case. If you have questions about evidence in your divorce proceedings, it is always best to consult with a Certified Family Law Specialist.