Understanding Hearsay Testimony

During legal proceedings, hearsay testimony is generally prohibited. When hearsay is mentioned by a witness, the court reporter is usually instructed to strike it from the legal deposition. When you hire a court reporter in San Jose for a deposition, he or she won’t be able to advise you about hearsay testimony, but you can ask that the testimony be removed from the deposition transcript if both sides agree.

Hearsay is repeating the statement of someone who is not in court or testifying during a deposition or using a written statement of someone not involved in the hearings. The reason hearsay is usually prohibited is that there is no way to prove that the statement was made or to investigate the credibility of the person who allegedly made the statement. This prevents impeachment of that testimony, which can unfairly compromise one side’s case.