How to Know the Difference Between Fact and Hearsay Evidence

Fact and hearsay evidence are so easily linked as the same thing to an untrained litigant, but in truth they are not. The big civil courts deal only with facts and Small Claims Court prefers fact but will accept hearsay in some circumstances. What’s the difference? Here are a few suggestions on how to know the difference between fact and hearsay evidence.

Instructions

Difficulty: Easy

1. Fact is a truth that can be proven. You buy a TV and have a receipt with your name and address on it, and it details the product you purchased including location of purchase, date, delivery, price and financial arrangements. There is no doubt that you purchased the TV.
2. Hearsay is repeating something that someone told you. “She said that he gave her the money and that she didn’t have to pay it back.” The person who said it isn’t in court to verify their words, and there is no evidence or document to prove that that ever happened.
3. If you are party to a lawsuit that involves a big business or corporation which is represented by a lawyer, it would be most likely that they have documented evidence to prove their case. And since the decision of the court is based on documented evidence, you really need to have factual evidence to defend yourself. In this instance, hearsay would mean little to nothing in support of your case.
4. If you are in a smaller lawsuit that involves you and another party and neither one of you is represented by legal counsel, then the judge may accept hearsay evidence from each party and then weigh out the value of each one before making a judgment.

Tips & Warnings

• It is better to rely on documented evidence to prove your case than on words that someone supposedly said that can’t be supported or proven.