Hearsay is an out-of-court statement offered to prove the truth of the matter asserted. Hearsay generally is inadmissible unless a specific exception allows its admission.

A powerful but often overlooked way to obtain admission of otherwise inadmissible out-of-court statements is the “information acted on” rule. When the issue is whether a party acted prudently or in good faith, this rule may allow the admission of otherwise inadmissible hearsay information, on the grounds that the information is not offered for the truth of the matter asserted but merely to show the state of mind of the actor.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]