Records created after an injury often serve different purposes. A crash report records an officer’s investigation, an emergency intake captures information available during treatment, an insurer log tracks a claim, and an employer record documents work. A difference among them does not automatically establish dishonesty, but a material error should be addressed through the channel […]
By: Michelle Patrick
Charlotte Personal Injury Attorney
Published Date: August 31, 2021
A statement is not automatically hearsay merely because it was made outside court; the key questions include what the statement is, why it is offered, and which evidence rule may apply.
Start with the rule’s definition
North Carolina Rule 801 defines a statement, a declarant, and hearsay. In general, hearsay is an out-of-court statement offered to prove the truth of what it asserts. Rule 802 then states the general rule that hearsay is not admissible unless a statute or the rules provide otherwise.
Purpose matters
A statement may be relevant for a purpose other than proving that its contents are true. The distinction depends on the offered evidence and the issue in the proceeding. A conversation, text, report, recording, or document can also raise separate questions about personal knowledge, authentication, relevance, privilege, and completeness.
Exceptions require a record
Article 8 includes defined exceptions and other provisions, including rules concerning present-sense impressions, excited utterances, records, and combined statements. A label alone does not establish an exception. Preserve the date, speaker, recipient, original item, surrounding circumstances, and the reason the statement is being offered.
The related guide to lay and expert witnesses in North Carolina civil cases explains separate foundation questions for testimony.
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