Hearsay Explained | What is Hearsay in Illinois Litigation?

In this article, we’ll define hearsay evidence, double hearsay evidence, and provide a few examples of each, answering the questions, “What is hearsay?” “What’s an example of hearsay?” “What is double hearsay?” and “What’s an example of double hearsay?”

If you are familiar with the kid-friendly game of Telephone, you know how easily information can be miscommunicated and misconstrued by traveling word-of-mouth. The truth can quickly become altered when it is passed from person to person, and this is the rationale behind the Hearsay Rule.

Attorneys always prefer to have the original speaker testifying in court, as opposed to a second person who supposedly heard the original individual speak. The same thing goes for eyewitnesses — judges and juries need to hear from people who witnessed the crime first-hand, not the person who learned about the crime from a witness, however directly or indirectly.

That being said, “hearsay” evidence is secondhand information that a witness only learned about from someone else; the witness did not see or hear the information himself. Because hearsay is an out-of-court statement, made in court to prove the truth of the matter asserted, it is not considered to be trustworthy in the court of law. Hearsay is not limited to spoken words. It can also include legal documents, body language, letters, affidavits, declarations, diaries, memos, notes, computer files, purchase receipts, and contracts.