Out of Court Statements - National Judicial Institute

Note: Specimen jury instructions serve as a template that trial judges must adapt to the particular circumstances of each trial, not simply read out in whole. They are not designed to be delivered "as-is." More information about the use of specimen instructions is found in the Preface and A Note to Users, which you can find here.

7.2 Out of Court Statements

(Last revised March 2011)

(If the out of court statement is by a non-accused, give the following instruction:)

[1] You have probably all heard about hearsay evidence. As a general rule, testimony about what someone else said out of court is not admissible to prove the truth of what s/he said. You have heard (NOW) testify that (NOD) said (specify) out of court. The rule applies to this evidence, so that the testimony is not evidence of the truth of what (NOD) said.

[2] However, the evidence is admissible to explain (specify the limited purpose for which the evidence is admitted).

(If the out of court statement is by the accused, and there is no co-accused, give the following instruction:)

[3] As a general rule, testimony about what someone else said out of court is not admissible to prove the truth of what s/he said. That rule does not apply when the testimony is about what the person charged said.

[4] You have heard (NOW)testify that (NOA) said (specify). This testimony is admissible as evidence of the truth of what (NOA) said. It is up to you to decide whether you believe (NOA) made the statement or any part of it.