Post by Jim on May 24, 2010 9:52:27 GMT -5
Crooked lawyers will try to get hearsay in as evidence.
Don't let it in!
Hearsay is not admissible.
Rumors are hearsay.
Affidavits are hearsay.
Things lawyers say about facts of a case they learned from their clients, are also hearsay ... and inadmissible!
Hearsay is not admissible.
There are a few exceptions that vary by jurisdiction (do check the official evidence rules in your jurisdiction), but the general rule is that any statement by a witness or in a document that reports a fact asserted by someone who is not in court subject to cross-examination is inadmissible hearsay!
If you don't object it will hurt you every time!
Hearsay is a statement made by a person not in court, offered to prove the truth of the fact asserted.
You cannot expect to win if you don't know how to exclude hearsay when your opponent tries to get it in.
If the person making a statement cannot be examined in court to determine if what he said was true, then what he said is inadmissible hearsay.
You must object to keep hearsay out.
You may remember the children's story of Henny Penny who, being hit on the head by an acorn dropping from a tree, exclaimed, "The sky is falling, and we must tell the king!" As my recollection of the story goes, Turkey Lurkey heard Henny Penny and told Piggly Wiggly ... and so the animals set off to tell the king.
Goosey Lucy spied them marching on their journey and asked where they were going.
Piggly Wiggly replied, "Turkey Lurky said Henny Penny said, 'The sky is falling, and we must tell the king.'"
Piggly Wiggly's testimony is inadmissible hearsay if offered to prove the sky is falling.
Piggly Wiggly is testifying to something said by another who is not present to testify (and unavailable to be cross-examined on the truth of what was said), and whether the sky is falling or not is inadmissible hearsay.
Whether the sky is falling depends on the credibility of Henny Penny and no one else!
Since Henny Penny is not testifying the sky is falling, the fact of whether the sky is, in fact, falling cannot be determined from Piggly Wiggly's hearsay statement nor, for that matter, by the statement of Turkey Lurkey who, allegedly, heard Henny Penny say, "The sky is falling!"
Piggly Wiggly may testify that Turkey Lurky said Henny Penny said, "The sky is falling," however Piggly Wiggly's testimony cannot be used to prove the sky is falling.
It may be admitted only to prove what Turkey Lurky said (and not the truth of what Henny Penny allegedly said).
A statement is only hearsay if it is offered to prove the truth of the matter asserted. If we are trying merely to prove what Turkey Lurky said, then Piggly Wiggly may testify. If we are trying to prove that what Turkey Lurky said is true then the statement is inadmissible hearsay!
You cannot understand hearsay until you understand this distinction. Go over the story again, please.
The word "hearsay" is bandied about by persons wishing to appear as if they know what they're talking about, yet the term is almost universally misunderstood and misused by lay persons and lawyers alike. I've even seen judges who didn't understand the distinctions!
You alone are responsible for knowing how to win!
Even Turkey Lurky, who heard Henny Penny first-hand, cannot testify that the sky is falling. Turkey Lurky can testify only that Henny Penny said the sky is falling - and only then if the "fact" Henny Penny made the statement is of itself relevant and admissible.
The "fact" of the sky falling cannot be proven in court by saying what Henny Penny said.
The "fact" of the sky falling can only be proven in court by calling Henny Penny to the stand, because she is the only one who has first-hand knowledge of facts indicating that the sky is falling.
Henny Penny alone felt the sky hit her on the head.
Her testimony alone is admissible to prove the fact.
No other witnesses or documents (including affidavits with wax seals and red silk ribbons of authenticity) can be used to prove the sky is falling!
Get this point and know how to fight to win!
It's only being hit on the head by an acorn that makes her believe the sky is falling, yet she may testify the sky is actually falling if, in fact, she has first-hand knowledge of the experience and believes her report to be true.
If the condition of the sky is relevant to the outcome of the case (i.e., if it is an issue of material fact) any witness can testify as to his or her own personal knowledge what he or she believes about the sky's condition ... falling or not ... whether or not the facts comply with the witness' perception.
But! They cannot testify to another's perceptions!
That's inadmissible hearsay.
Henny Penny may tell the court in person, "The sky is falling," because she honestly believes the sky is falling. She felt it hit her very own head! Henny Penny would then be subject to cross-examination by the party opposing her testimony.
"Isn't it a fact that at the time you felt the sky falling you were standing under an oak tree? Yes or no?"
By the process of cross-examination, the value of Henny Penny's opinion may be tested and tried before the court.
(By the way, that's why we call it a trial, i.e., a time for testing and trying facts offered in evidence to see which are true and which are not.)
"The sky didn't feel particularly heavy when it hit your head, did it, Ms. Penny?"
"You don't still feel the weight of the fallen sky pressing down upon your head, do you?"
In this way you get to the truth and win in court!
By excluding hearsay, courts prevent facts from getting into the record when those facts were not experienced by anyone who is in court subject to being cross-examined to test the truth of what's being alleged.
Hearsay is not admissible.
There are a few exceptions that vary from jurisdiction to jurisdiction.
If you have a lawyer, it's just plain foolish not to know the rules your lawyer should use to win your case. There's a reason why there are more derogatory jokes about lawyers than all the other professions put together. It just makes sense to know what your lawyer should be doing, if you're paying one to win your case for you!
Don't let it in!
Hearsay is not admissible.
Rumors are hearsay.
Affidavits are hearsay.
Things lawyers say about facts of a case they learned from their clients, are also hearsay ... and inadmissible!
Hearsay is not admissible.
There are a few exceptions that vary by jurisdiction (do check the official evidence rules in your jurisdiction), but the general rule is that any statement by a witness or in a document that reports a fact asserted by someone who is not in court subject to cross-examination is inadmissible hearsay!
If you don't object it will hurt you every time!
Hearsay is a statement made by a person not in court, offered to prove the truth of the fact asserted.
You cannot expect to win if you don't know how to exclude hearsay when your opponent tries to get it in.
If the person making a statement cannot be examined in court to determine if what he said was true, then what he said is inadmissible hearsay.
You must object to keep hearsay out.
You may remember the children's story of Henny Penny who, being hit on the head by an acorn dropping from a tree, exclaimed, "The sky is falling, and we must tell the king!" As my recollection of the story goes, Turkey Lurkey heard Henny Penny and told Piggly Wiggly ... and so the animals set off to tell the king.
Goosey Lucy spied them marching on their journey and asked where they were going.
Piggly Wiggly replied, "Turkey Lurky said Henny Penny said, 'The sky is falling, and we must tell the king.'"
Piggly Wiggly's testimony is inadmissible hearsay if offered to prove the sky is falling.
Piggly Wiggly is testifying to something said by another who is not present to testify (and unavailable to be cross-examined on the truth of what was said), and whether the sky is falling or not is inadmissible hearsay.
Whether the sky is falling depends on the credibility of Henny Penny and no one else!
Since Henny Penny is not testifying the sky is falling, the fact of whether the sky is, in fact, falling cannot be determined from Piggly Wiggly's hearsay statement nor, for that matter, by the statement of Turkey Lurkey who, allegedly, heard Henny Penny say, "The sky is falling!"
Piggly Wiggly may testify that Turkey Lurky said Henny Penny said, "The sky is falling," however Piggly Wiggly's testimony cannot be used to prove the sky is falling.
It may be admitted only to prove what Turkey Lurky said (and not the truth of what Henny Penny allegedly said).
A statement is only hearsay if it is offered to prove the truth of the matter asserted. If we are trying merely to prove what Turkey Lurky said, then Piggly Wiggly may testify. If we are trying to prove that what Turkey Lurky said is true then the statement is inadmissible hearsay!
You cannot understand hearsay until you understand this distinction. Go over the story again, please.
The word "hearsay" is bandied about by persons wishing to appear as if they know what they're talking about, yet the term is almost universally misunderstood and misused by lay persons and lawyers alike. I've even seen judges who didn't understand the distinctions!
You alone are responsible for knowing how to win!
Even Turkey Lurky, who heard Henny Penny first-hand, cannot testify that the sky is falling. Turkey Lurky can testify only that Henny Penny said the sky is falling - and only then if the "fact" Henny Penny made the statement is of itself relevant and admissible.
The "fact" of the sky falling cannot be proven in court by saying what Henny Penny said.
The "fact" of the sky falling can only be proven in court by calling Henny Penny to the stand, because she is the only one who has first-hand knowledge of facts indicating that the sky is falling.
Henny Penny alone felt the sky hit her on the head.
Her testimony alone is admissible to prove the fact.
No other witnesses or documents (including affidavits with wax seals and red silk ribbons of authenticity) can be used to prove the sky is falling!
Get this point and know how to fight to win!
It's only being hit on the head by an acorn that makes her believe the sky is falling, yet she may testify the sky is actually falling if, in fact, she has first-hand knowledge of the experience and believes her report to be true.
If the condition of the sky is relevant to the outcome of the case (i.e., if it is an issue of material fact) any witness can testify as to his or her own personal knowledge what he or she believes about the sky's condition ... falling or not ... whether or not the facts comply with the witness' perception.
But! They cannot testify to another's perceptions!
That's inadmissible hearsay.
Henny Penny may tell the court in person, "The sky is falling," because she honestly believes the sky is falling. She felt it hit her very own head! Henny Penny would then be subject to cross-examination by the party opposing her testimony.
"Isn't it a fact that at the time you felt the sky falling you were standing under an oak tree? Yes or no?"
By the process of cross-examination, the value of Henny Penny's opinion may be tested and tried before the court.
(By the way, that's why we call it a trial, i.e., a time for testing and trying facts offered in evidence to see which are true and which are not.)
"The sky didn't feel particularly heavy when it hit your head, did it, Ms. Penny?"
"You don't still feel the weight of the fallen sky pressing down upon your head, do you?"
In this way you get to the truth and win in court!
By excluding hearsay, courts prevent facts from getting into the record when those facts were not experienced by anyone who is in court subject to being cross-examined to test the truth of what's being alleged.
Hearsay is not admissible.
There are a few exceptions that vary from jurisdiction to jurisdiction.
If you have a lawyer, it's just plain foolish not to know the rules your lawyer should use to win your case. There's a reason why there are more derogatory jokes about lawyers than all the other professions put together. It just makes sense to know what your lawyer should be doing, if you're paying one to win your case for you!
