The Credibility of the Narrator of a Hearsay Statement
The basic rule in the area of presumptively inadmissible hearsay evidence is that it will be admissible for the truth of its contents only if it meets the separate requirements of "necessity" and "reliability". The criterion of “reliability” is concerned with threshold reliability, not ultimate reliability. The function of the trial judge at the voir dire stage is limited to determining whether the particular hearsay statement, for example, exhibits sufficient indicia of reliability so as to afford the trier of fact a satisfactory basis for evaluating the truth of the statement. This process is necessary, of course, because the hearsay evidence is being presented for the veracity of its content, although the person affected by it is unable to test its veracity by a cross-examining the author of the statement. The ultimate reliability of the statement and the weight to be attached to it remain determinations for the trier of fact. General Rule: The Hearsay ...