ABSTRACT
The rule of evidence pertaining to inadmissibility of hearsay is designed to protect the right of cross-examination in order to preserve the fairness of a hearing or trial. The hearsay rule has its basis in common law and in the right of criminal defendants to confront the witnesses against them as guaranteed by the Sixth Amendment to the US Constitution. The classic, common law definition of inadmissible hearsay states that evidence that rests in part on the truthfulness of an out-of-court assertion made by someone other than the witness is inadmissible to prove the truth of the matter asserted. Hearsay exceptions recognized when the availability of the original witness is immaterial include a statement made during the course of a verbal act, such as an excited utterance or spontaneous declaration; a statement of existing mental, emotional, or physical condition; a statement made for purposes of medical diagnosis or treatment and so on.
