УДК 347.943.9 (477)

ORCID: 0000-0003-1816-7426

DOI 10.37566/2707-6849-2024-4(49)-12

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Artem KYKOT

postgraduate student of the department of civil, notarial and executive process

National University “Odesa Law Academy”

HEARSAY EVIDENCE IN US CIVIL COURTS: SIMPLIFYING THE RULES OF EVIDENCE TO IMPROVE STANDARDS OF FAIRNESS.

This article examines the impact of the current rules of evidence in the US judicial system on the efficiency of the judicial process and general standards of fairness. The system of hearsay rules in the United States, as set forth in the Federal Rules of Evidence (especially Rule 802 and exceptions 803 and 804), remains difficult to understand even for experienced lawyers, not to mention litigants without a law degree. The author draws attention to the fact that this complexity limits access to justice, especially for low-income persons and those who represent themselves, creating additional barriers to their rights.

The article explores the problem of the complexity of the existing rules of evidence in US civil courts, in particular, the issue of hearsay. The author proposes to simplify these rules to ensure better access to justice for self-represented litigants, who often face difficulties due to legal complexity. It is emphasized that complex categories of hearsay exceptions may not be necessary if a more simplified approach based on two basic principles is applied: necessity and reliability of evidence.

The main problem of the article is the need to reform the current system of evidence, which often leads to a complicated process for persons representing themselves in court. The author raises the question of the adequacy of categorical exceptions, in particular in cases where the hearsay rule may be applied too rigidly and does not allow for the consideration of important evidence. The author compares the approaches in different countries, such as Canada, the United Kingdom and Scotland, and concludes that allowing more room for hearsay can improve the situation in civil courts, if done carefully.

In conclusion, the author emphasizes that simplifying the rules of evidence can be beneficial in civil cases, as such cases have lower stakes compared to criminal cases, and can speed up the process of resolving disputes without jeopardizing the fairness and reliability of court decisions.

Key words: Hearsay, civil courts, rules of evidence, reliability of evidence, necessity, access to justice, reform, exclusion of evidence, self-represented litigants, legal reform.

References

Federal Rules of Evidence. URL: https://www.law.cornell.edu/rules/fre

National Self-Represented Litigants Project (NSRLP) URL: https://representingyourselfcanada.com/

Paciocco David M. The Principled Use of Hearsay in Civil Cases: A Technical Guide to Avoiding Technicality. URL: https://cbr.cba.org/index.php/cbr/article/view/4100

Lawrence Okechukwu Azubuike. Hearsay Evidence: A Comparison of Two Jurisdictions: United States and Nigeria.URL: https://digitalcommons.law.uga.edu/stu_llm/192/

Civil Evidence Act 1995. URL: https://www.legislation.gov.uk/ukpga/1995/38

Supreme Court Judgments «R v. Khan» 1995. URL:  https://decisions.scc-csc.ca/scc-csc/scc-csc/en/item/642/index.do

Gray Marcie. Hearsay in Civil Courts: Simplifying the Rules of Evidence to Enhance Justice for All 1995. URL: https://www.cba.org/Sections/Civil-Litigation/Resources/Resources/2023/EssayWinner2023Civil