A Telephone Exception to Hearsay?

Australian Bar Review, Vol. 30, No. 3, p. 318, 2009

Monash University Faculty of Law Legal Studies Research Paper No. 2009/33

28 Pages Posted: 5 May 2010

See all articles by Greg Taylor

Greg Taylor

University of Adelaide - School of Law; University of Marburg; RMIT University - Graduate School of Business and Law

Date Written: 2009

Abstract

It cannot be doubted that the rule against hearsay can have undesirable results. As a result suggestions for reform are frequently made. However, it is not the case that all possible liberalisations of the rule against hearsay are improvements. One such is the suggested “telephone exception” put forward in the mid-’90s in the High Court of Australia. As a matter of authority, the suggestion has not been definitively accepted or rejected. Two reasons are given here for rejecting it. First, a look at the law in other common-law jurisdictions, starting almost as soon as the telephone was invented and continuing to the present day, indicates that such an exception is recognised no-where else, and that the hearsay rule, properly applied, allows in almost all statements of any real probative value. Secondly, psychological studies confirm the speciousness of what pass for the empirical arguments for a “telephone exception”.

Keywords: Evidence, Hearsay, telephone exception, exceptions to hearsay

JEL Classification: K00, K4, K40, K41, K49

Suggested Citation

Taylor, Greg, A Telephone Exception to Hearsay? (2009). Australian Bar Review, Vol. 30, No. 3, p. 318, 2009, Monash University Faculty of Law Legal Studies Research Paper No. 2009/33, Available at SSRN: https://ssrn.com/abstract=1599403

Greg Taylor (Contact Author)

University of Adelaide - School of Law ( email )

Ligertwood Building
Adelaide 5005, South Australia SA 5005
Australia

University of Marburg ( email )

Universitätsstrasse 24
Marburg, D-35032
Germany

RMIT University - Graduate School of Business and Law ( email )

Melbourne
Australia

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
173
Abstract Views
912
rank
193,103
PlumX Metrics