A 4-Step Approach to Hearsay Questions

A 4-step approach to dealing with hearsay on the MBE. Hearsay is to evidence what mortgages is to property what negligence is to torts, etc. They love to test it.

Step 1: Is there an out-of-court statement? If no, it's not hearsay. If yes, move on to step 2. Step 2: Is the out of court statement offered to the court to prove the truth of the matter asserted? If no, it's not hearsay. If yes, move on to step 3. Step 3: Is the statement exempted (or excluded) from the rule against hearsay? If yes, it's non-hearsay. If no, move on to step 4. Step 4: Are there any available hearsay exceptions? If yes, it's admissible hearsay, sometimes referred to as hearsay but an exception. If no, it's inadmissible hearsay.