What Is Hearsay? Former Prosecutors Explain What Actually Counts

Hearsay is an out-of-court statement offered to prove that what it says is true, and even when something is hearsay, Pennsylvania's rules of evidence let a lot of it into court anyway. On this episode of Now We Defend, former prosecutors T.L. Kearney, Tim Long, and Justin Baran unpack one of the most misunderstood objections in criminal court. Clients tell us all the time that something "won't hold up because it's hearsay." Most of the time, that's not how it works. We cover the real definition, why the rule exists, your Sixth Amendment right to confront your accusers, and the exceptions that put secondhand statements in front of a jury. Plus: how a guy who swears he's not dying could keep his own statement out of court. ✅ What hearsay actually means (and what it doesn't)✅ The "effect on the listener" workaround✅ Hearsay within hearsay✅ Texts, bodycam, 911 calls, and "it's AI" claims✅ Relevance, unfair prejudice, and speculation objections✅ Excited utterances, business records, and your own statements to police✅ Unavailable witnesses and dying declarations CHAPTERS 0:00 Objection, hearsay0:41 What hearsay actually means3:21 A simple hearsay example4:33 Not for the truth: effect on the listener9:00 Why the hearsay rule exists12:41 The three-step hearsay roadmap14:31 Hearsay within hearsay17:23 Texts, recordings, and social media19:15 Relevance and other objections22:47 "It's AI": authenticating evidence27:30 Unfair prejudice and prior bad acts32:16 Speculation36:30 Why hearsay exceptions exist38:42 Juries, body language, and virtual trials43:15 Present sense impressions and excited utterances48:17 Medical statements and physical condition49:21 Recorded recollection53:05 Business and public records58:34 Unavailable witnesses and former testimony1:00:51 Statements against interest1:02:16 Dying declarations1:13:12 A party's own statements1:15:03 Prior inconsistent and consistent statements1:18:17 The one question to ask Kearney Law defends clients in York, Adams, Lancaster, Cumberland, Dauphin, and Franklin counties, plus federal courts statewide. Facing criminal charges in Central Pennsylvania? Call 717-668-8159 Follow Us: Spotify: https://open.spotify.com/show/6br0rM1j6KiQ3T6EsGAopp?si=c3ec460eb74a45dcAmazon Podcast: https://music.amazon.com/podcasts/ad6a66e1-131f-4752-9c7f-6e0bbfb350d7/now-we-defendApple Podcast: https://podcasts.apple.com/us/podcast/now-we-defend/id1896671175iHeartRadio: https://www.iheart.com/podcast/269-now-we-defend-334011621?filter=UNPLAYED&sort=descLinkedIn: https://www.linkedin.com/company/kearney-law-paInstagram: https://www.instagram.com/kearneylawpa/Tiktok: https://www.tiktok.com/@kearneylawpaFacebook: https://www.facebook.com/kearneylaw