What characterizes hearsay evidence in an affidavit?

Hearsay evidence is characterized by the principle that it is generally not admissible unless a specific exception applies. In the context of affidavits, hearsay refers to statements made outside of the court that are presented for the truth of the matter asserted. This kind of evidence is subject to various rules and exceptions as outlined in legislation and case law.

When someone provides testimony in an affidavit that includes statements made by others who are not present to be cross-examined, it typically falls under the category of hearsay. However, the law recognizes certain exceptions to the hearsay rule—for example, statements made in the course of business, admitting past events, or declarations against interest.

Thus, hearsay evidence can be included in an affidavit under specific circumstances where exceptions apply, which makes this understanding crucial for practitioners. This nuanced view of hearsay ensures that there is some leeway for including certain statements, provided they meet the established legal criteria.