Rule 802 The Rule Against Hearsay

If someone tries to bring in an out-of-court statement to prove something is true, that statement usually can't be used as evidence in court. This is called hearsay, and courts generally don't allow it because the person who originally made the statement isn't there to be questioned about it.

There are exceptions, though. A statement that would normally count as hearsay can still be allowed if a state law says it's okay, if another evidence rule creates an exception, or if the North Dakota Supreme Court has set up a specific rule allowing it. So hearsay isn't automatically thrown out in every case. It depends on whether one of these exceptions applies.

In practical terms, this means lawyers often argue about whether a statement counts as hearsay and whether an exception fits. If no exception applies, the statement stays out and the judge won't let the jury or the court consider it as evidence.