How does the EAC distinguish between primary and secondary hearsay?

The distinction between primary and secondary hearsay is rooted in the source of information and its reliability. Primary hearsay arises from a statement made by a person who has firsthand knowledge of the facts relevant to the case, while secondary hearsay comes from statements made by others and is generally considered less reliable due to the lack of direct observation.

Understanding this distinction is crucial in evidentiary contexts, as the reliability of the evidence can significantly affect its admissibility in court. Primary hearsay often carries greater weight because it addresses direct experiences and observations, which can be more accurately evaluated by the court. In contrast, secondary hearsay may raise concerns regarding the truthfulness and accuracy of the recounted information since it relays secondhand information that may have been misinterpreted or distorted.

While factors like the number of witnesses, timing of statements, and the size of documents may play a role in evaluating evidence overall, they do not directly inform the distinction between primary and secondary hearsay. Hence, focusing on the source of the information and assessing its reliability are critical for accurately categorizing hearsay evidence.