What is an exception to the hearsay rule regarding examination for discovery transcripts?

The correct answer is that hearsay statements can be read in as part of the case. This reflects an important principle that distinguishes certain types of statements made during examination for discovery from typical hearsay evidence. Under the rules of civil procedure, statements made in the context of an examination for discovery are considered to have a degree of reliability since they are made under oath, and the opposing party has the opportunity to challenge them through cross-examination.

By allowing these hearsay statements to be read into evidence, the courts recognize that they contribute to the overall understanding of the case, and serve the purpose of full disclosure and fair process in civil litigation. This exception acknowledges the formal legal context of the discovery process, where parties disclose information relevant to the dispute.

The other choices do not reflect the applicable legal rules regarding hearsay and discovery. For instance, statements made under oath are not excluded from being admissible; rather, they can be considered with the understanding that they are part of the discovery record. Similarly, the assertion that only direct witness testimony is admissible ignores the importance and the utility of previously recorded statements in the discovery process. Lastly, statements made in private discussions generally do not have the same level of reliability and are often excluded unless there are specific legal grounds