CASE PROCESSING PROCEDURES; EVIDENCE – Hearsay

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“Hearsay may be briefly understood as an out-of-court statement offered for the truth of its content.” (People v. Sanchez (2016) 63 Cal.4th 665, 674-675.) Hearsay is defined by the Evidence Code as “evidence of a statement that was made other than by a witness while testifying at the hearing and that is offered to prove the truth of the matter stated.” (Evid. Code, § 1200, subd. (a), emphasis added.) “Senate committee comments to Evidence Code section 1200 explain that a statement ‘offered for some purpose other than to prove the fact stated therein is not hearsay.’” (People v. Sanchez, supra, 63 Cal.4th at pp. 674-675, quoting Sen. Com. on Judiciary com., 29B pt. 4 West’s Ann. Evid. Code (2015 ed.) foll. § 1200, p. 3.) A “statement” may be either an “oral or written verbal expression” or the “nonverbal conduct of a person intended by him as a substitute for oral or written verbal expression.” (People v. Sanchez, supra, 63 Cal.4th at pp. 674-675, quoting Evid. Code, § 225.) “Thus, a hearsay statement is one in which a person makes a factual assertion out of court and the proponent seeks to rely on the statement to prove that assertion is true.” (People v. Sanchez, supra, 63 Cal.4th at pp. 674-675.) (pp. 19-20)