Episode Details

What exactly is hearsay, and why do courts spend so much time arguing about it?

In this episode, the attorneys of Shewmaker & Lewis tackle one of the most confusing concepts in the legal world. They explain how hearsay is defined, why courts generally exclude it, and what makes certain out-of-court statements reliable enough to be admitted as evidence.

The conversation covers practical courtroom examples, the importance of cross-examination, common hearsay exceptions, business records, admissions by a party opponent, and the strategic decisions lawyers face when deciding whether to object.

Whether you're involved in a legal case, interested in trial strategy, or simply curious about how courts determine what evidence can be trusted, this episode provides a clear and entertaining introduction to the law of hearsay.

⏱️ Chapters

00:00 Introduction
01:28 What Is Hearsay?
04:22 Breaking Down the Legal Definition
06:12 Why Courts Distrust Hearsay
08:03 Jimmy, Porky the Pig, and a Hearsay Example
12:23 When Hearsay Comes In Anyway
15:07 Prior Statements and Witness Testimony
18:22 Admissions by a Party Opponent
22:22 Why Hearsay Exceptions Exist
24:08 Present Sense Impression
26:31 Excited Utterance
28:47 Business Records Exception
31:16 Real-World Courtroom Practice
32:31 Wrapping Up and Hearsay Part 2

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🎙️ Hosts: Steve & Patty Shewmaker, Jimmy & Alexa Lewis
 🎧 Watch here: https://youtu.be/UyRn2v5SiuI or listen on Spotify, Apple Podcasts, Google Podcasts, and more.

📩 Contact: pshewmaker@shewmakerandlewis.com
| (770) 939-1939

🌐 Website: https://www.shewmakerandlewis.com

🎧 Podcast Library: https://shewmakerandlewis.com/lawyers-without-billboards

🎼 Music by Ben Hernandez – Dragonsong Productions
🎥 Produced by: Bleeding Edge, Inc.
🎬 Audio & Video Production: Rob Burgner
📍 Recorded at: Shewmaker & Lewis, Atlanta, GA