Under what condition can hearsay be admissible?

Hearsay can be admissible if it falls under one of the many exceptions to the hearsay rule. Hearsay is generally defined as a statement made out of court, offered to prove the truth of the matter asserted. However, the law recognizes that there are circumstances where such statements can be reliable enough to warrant their admission into evidence.

There are various hearsay exceptions outlined in the California Evidence Code, including excited utterances, statements made for medical diagnosis or treatment, and business records, among others. These exceptions are designed to ensure that even though the declarant is not present to testify, the statements can still hold a level of reliability and relevance, thus allowing the trier of fact to consider them.

The other options do not accurately reflect the conditions under which hearsay can be admitted. For instance, the availability of the declarant does not, by itself, make hearsay evidence admissible; rather, if the declarant is available, their direct testimony would typically be preferred. While parties can agree to admit certain types of evidence, the mere agreement does not inherently validate hearsay without an exception. Finally, the relevance of hearsay to the theory of the case does not establish it as admissible without falling into an established hearsay