Hearsay
An out-of-court statement offered in court to prove that what the statement says is true.
Hearsay is when someone tries to use a statement made outside of court as evidence to prove something is true. For example, if a witness says “My neighbor told me the defendant ran the red light,” that is hearsay because the witness is repeating what someone else said, rather than what they personally saw.
The general rule is that hearsay is not allowed in court because the person who made the original statement is not present to be questioned. However, Minnesota law recognizes many exceptions. For example, business records, medical records, excited statements made right after an event, and certain official documents may be admitted even though they are technically hearsay.
Why it matters: Understanding hearsay helps you know what kind of evidence a court will accept. If you are preparing for a trial or hearing, you should bring witnesses who can testify about what they personally saw or experienced, rather than relying on what others told them. If your key evidence might be hearsay, you should check whether an exception applies.
Example: You are in small claims court and want to prove your car was damaged in an accident. Instead of having your friend testify that “the mechanic said the frame was bent,” you bring the mechanic’s written repair estimate – a business record that falls under a hearsay exception.
Trials, evidentiary hearings, and any court proceeding where witnesses testify or documents are introduced