Timeline for Is this tv show example of hearsay actually hearsay?
Current License: CC BY-SA 4.0
6 events
| when toggle format | what | by | license | comment | |
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| Nov 26 at 22:49 | comment | added | Ben Voigt | @JanusBahsJacquet: "I believed X at the time you're asking about" is a fact even though X is a belief/opinion. And even if the speaker no longer believes X. And even if it were not a fact, the speaker is surely the best possible expert as to his own beliefs and the reasons for his actions. An objection can be attempted as to relevance of why the subpoena was sought which would shut down the whole line of questioning if sustained. | |
| Nov 26 at 11:18 | comment | added | Janus Bahs Jacquet | Again, tv court experience only, but I’ve often see objections based on the witness’s testimony being unsubstantiated beliefs (usually for relevance, if memory serves), with the witness then being instructed to stick to facts and actions and not provide their own opinions or beliefs. | |
| Nov 26 at 11:12 | comment | added | Dale M♦ | @JanusBahsJacquet you don’t need to be an expert witness to testify about what you thought- that’s not opinion evidence. | |
| Nov 26 at 11:09 | comment | added | Janus Bahs Jacquet | I also don’t see how “I thought she could provide relevant evidence” would improve matters – he’s not on the stand as an expert witness, so why should his unsubstantiated thoughts and beliefs be allowed as evidence? The only way to substantiate his belief that she could provide evidence is to relay what caused him to hold that belief, and that is the statements made to him by Moya and Trixxx. | |
| Nov 26 at 11:05 | comment | added | Janus Bahs Jacquet | “In effect, it's trying to introduce what Days might have testified about if she had been available” — Nobody is trying to introduce that, though. The defence is trying to open the door to introduce the witnesses that are available and can directly testify to the things recited by Funaro. Glory Days’ hypothetical testimony if she weren’t dead doesn’t enter into it at all. (Also, I think you got the characters mixed up: Haller is the defence attorney asking the question; Funaro is the witness on the stand.) | |
| Nov 26 at 3:24 | history | answered | Dale M♦ | CC BY-SA 4.0 |