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Evidence-Based Hearsay

Posted by on Monday, November 27, 2023 in Articles, Volume 76, Volume 76, Number 6.

Justin Sevier | 76 Vand. L. Rev. 1799

The hearsay rule initially appears straightforward and sensible. It forbids witnesses from repeating secondhand, untested gossip in court, and who among us prefers to resolve legal disputes through untested gossip? Nonetheless, the rule’s unpopularity in the legal profession is well-known and far-reaching. It is almost cliché to say that the rule confounds law students, confuses practicing attorneys, and vexes trial judges, who routinely make incorrect calls at trial with respect to hearsay admissibility.

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Justin Sevier