Alternative Dispute Resolution
Oct. 1, 2021
Hearsay or ixnay? The limited utility of hearsay objections in arbitration
The reason for the hearsay rule is simple enough to grasp: Hearsay evidence tends to be unreliable, because it’s not subject to scrutiny in the time-tested crucible of cross-examination. Keeping this reason in mind is the key to answering most questions about hearsay in arbitration.
Christopher David Ruiz Cameron
Justice Marshall F. McComb Professor of Law
Southwestern Law School
Along with relevance, hearsay is the most commonly raised evidentiary objection, but surely the least understood. And no wonder: With that ponderous language -- an out-of-court statement offered to prove the truth of the matter asserted should be excluded -- the hearsay rule is expressed in the form of an odd riddle that seems to raise more questions than it answers.
The reason for the hearsay rule is simple enough to grasp: Hearsay evide...
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