Hearsay (sometimes also referred to as hearsay) is a legal claim that aims to disprove some claim made by the opposing party or one of the witnesses on their behalf.
A person who comes to give testimony in court and is questioned in the context of Cross-examination Should testify about issues that he personally experienced (heard, saw, touched, smelled personally). The litigant or witness cannot testify or state within the Affidavit of first witness On his behalf, something that someone else saw (for example) In order to prove that the person actually saw something. In such a case, that person can testify, at most, that another person told him something (but that of course does not make the statement true).
Any attempt to testify on an issue that the witness did not perceive with his own senses will immediately be met with the claim that this is hearsay evidence (hearsay evidence) and therefore is inadmissible.
In order to avoid this legal claim, the relevant witness should always be brought to court. Which he perceived with his senses The event he needs to testify about.
Exception to the rule of hearsay evidence
As I wrote, the rule Hearsay (Hearsay Testimony) applies when the testimonies are heard, but Rule 178(a) provides a specific exception to this rule. The regulation states as follows:
178. (a) An affidavit shall be written in the first person, divided into sections and shall contain only facts that the declarant can testify to of his own knowledge; In the affidavit attached to the pleadings, he may also declare to the best of his knowledge or belief, provided that he indicates the source of his belief or knowledge.
That is, when a litigant attaches an affidavit to his pleadings, he is entitled to detail claims that are not necessarily claims that he knows from personal knowledge, but in these cases he must detail the source of his belief or knowledge.
A litigant who does not explicitly object to a claim that is evidence of a matter that was not perceived by the witness himself may find that the court accepted the claim. In other words, the objection has substantial importance and is not just a technical matter.
There are exceptions. Additional information relevant to criminal law.
Court rulings on hearsay evidence
Because testimony in court is at the heart of the legal process, it is important that litigants testify on matters of their own personal knowledge. In cases where witnesses testify on matters of which they have no personal knowledge or attempt to submit documents that they did not prepare, one can expect to encounter opposition from the opposing party.
ת"צ 3504-03-17 בניה בן דוד נ' פלאפון תקשורת בע"מ (החלטה מיום 6.12.2017):
זIt is worth mentioning that the respondent did not bother to bring the affidavit of the employee, whom she claims acted against her will and without her knowledge, and for the purpose of his personal interest, even though she was given the opportunity to request the presentation of an additional affidavit, in my decision at a preliminary hearing on October 1, 2017, after it was clarified that most of the affidavit of the declarant on behalf of the respondent was based on hearsay testimony.
בע"א 548/78 שרון נ' לוי, פד"י לה (1) 736, 760 (1980) נפסק:
"כלל נקוט בידי בתי המשפט מימים יממה, שמעמידים בעל דין בחזקתו, שלא ימנע מבית המשפט ראיה, שהיא לטובתו, ואם נמנע מהבאת ראיה רלבנטית שהיא בהישג ידו, ואין לכך הסבר סביר, ניתן להסיק, שאילו הובאה הראיה, היתה פועלת כנגדו. כלל זה מקובל ומושרש הן במשפטים פליליים, וככל שהראייה יותר משמעותית, כן רשאי בית המשפט להסיק מאי הצגתה מסקנות מכריעות יותר וקיצוניות יותר נגד מי שנמנע מהצגתה"Therefore, it must be concluded from the failure to bring the employee's testimony, who was not even alleged to no longer work for the respondent, that if he had come to testify, he would have testified against the respondent's version.
…
indeed, In interim proceedings According to Regulation 521, a statement may be made to the best of one's knowledge and belief, provided that its source is indicated, but just as the applicant must prove his case to an appropriate extent, the respondent must prove her version of facts with the tools at her disposal, and not be satisfied with presenting a statement from a manager who does not know the gist of the matter from his personal knowledge, and is satisfied with hearing a version from a witness who does not give a statement and is not likely to be questioned about his version.
ת"צ 27229-07-17 אביה וולודרסקי נ' ש. שסטוביץ בע"מ (החלטה מיום 23.3.2021):
There is also justification for the respondent's objection to the Milode Laboratories test certificates, which were attached without an affidavit or opinion, and without the ability to question the person who conducted the tests, including regarding the questions mentioned above. It has already been ruled that the documents "הניצבים בדד וללא עד מאמת המגיש אותם (לאמור: עורך המסמך או מי שנטל חלק בבדיקת הגרעינים במעבדה), מהווים עדות מפי השמועה ונוכח התנגדות ב"כ הנתבעת – אין לקבלם כראייה לנכונות תוכנם" [ר' להלן – ת"א (מחוזי ת"א) 42407-02-12 הקבוצה הירושלמית ליבוא ושווק מספוא (2001) בע"מ ואח' נ' מדינת ישראל – משרד החקלאות (האגף להגנת הצומח) (9.11.17)].
כן ר' ת"א (מחוזי ת"א) 1768/06 ג. וילי פוד אינטרנשיונל בע"מ נ' Filiz Gida Sanayi ve Ticaret A.S (5.3.12), mentioned in section 66(a) above, and according to which מכיוון שדו"ח מעבדה הוגש שלא באמצעות עורכו, אשר גם לא נחקר בחקירה נגדית, לא ניתן לקבל את הדו"ח ומסקנותיו כראיה לאמיתות תוכנם.
Frequently Asked Questions Regarding Hearsay
What is hearsay (hearsay)?
Hearsay or hearsay testimony is the testimony of a person who testifies to something that he did not see or hear himself (did not perceive with his senses), but rather relies on statements of third parties on the same subject. Such testimony should be objected to if it is detailed in the context of Affidavit of first witness or said during Cross-examinationIf such testimony is not objected to, it may be accepted by the judge.
Is the owner of the property? May also declare to the best of his knowledge or belief?
Yes, this is an exception to the rule. In such a situation, the litigant must also declare the source of his knowledge or belief.
Does small claims court also consider hearsay testimony?
Small Claims Court is designed to provide a solution for those who are not lawyers or lawyers. In order to end legal disputes in small claims court, there is not always strict adherence to legal procedure or the laws of evidence. In many cases, inadmissible testimony may also be accepted in this court.
What similar legal claims exist?
One can object to circumstantial evidence (to the extent that one does not know anything but only believes that this is how things are).
It is possible to object to a person's testimony on a subject that requires a certain expertise, if that person is not an expert on that matter.
One can object by claiming Front extension – A situation in which the litigant suddenly asserts new and substantial factual claims that go beyond the facts emerging from the pleadings.
