6
votes
Is this hearsay?
The answer is no, it is not hearsay. I am writing this answer because my analysis is different than the previous posts.
Looking at the statements, the part in bold is where there is a potential ...
- 1,731
6
votes
Is this hearsay?
If the question is: "Did she call you and talk about two business contracts? " then this is not hearsay. We have a witness, standing in court, saying that exactly these things happened - that she ...
- 32.9k
6
votes
Accepted
Is a statement saying that a party committed a crime by a non-benefiting accessory to the crime considered a party-opponent admission?
No.
In federal court (and under state rules of evidence based upon the Federal Rules of Evidence) this is governed by Federal Rule of Evidence 801(d)(2) which states that:
A statement is not hearsay ...
- 194k
5
votes
Accepted
Is police report inadmissible when the cop who wrote it is not available to testify?
Police reports are treated as "Business Records" and are therefore not excluded by the hearsay rule, regardless of the availability of the declarant.
Federal Rules of Evidence, Rule 803: ...
- 9,225
4
votes
Can text message be used against me in court
Any written communication is generally admissible
Subject to all the normal rules for admissibility of course.
For texts between you and a third party the major issue that springs to mind is ...
- 197k
4
votes
Accepted
Is evidence submitted in writting that came from a third party, hearsay?
The emails both are and are not hearsay
If the landlord seeks to use them as evidence that you did the things stated in the emails, that’s hearsay.
However, if he seeks to use them as evidence that he ...
- 197k
4
votes
Hearsay in email
"Hearsay" is a term used for statements offered in evidence in court that are not admissible because the person who originally made the statement has not testified to it. The hearsay rule is complex, ...
- 113k
3
votes
Can an audio recording prove a defendant's innocence?
If the recording was made lawfully, it should be admissible, and might help such a defendant. But it might well not fully settle the issue. Even if the defendant is proved not to own the gun s/he ...
- 113k
3
votes
Can an audio recording prove a defendant's innocence?
Defendant's girlfriend should produce the copies of the recording to police, the prosecutor, and the defense attorney.
Possession of the recording should induce the police and prosecution to at least ...
- 57.1k
3
votes
Sworn statement from Chief of Staff on President's intent:isn't that hearsay?
You would think so, but no
While at first glance, President Trump sending a staff member to testify under oath in his place (to nullify any personal risk of perjury?) appears to epitomize the concept ...
- 167
3
votes
Why what you say to the police can be used against you, but not in your favour?
Why are statements made to the police considered acceptable as evidence when used in your prosecution, but hearsay when used in your defense?
They aren't necessarily considered acceptable. As pointed ...
- 25.5k
3
votes
In what situations is hearsay allowed in a court of law?
This is a quite complicated area of evidence law in the U.S. as there are many statements which are inadmissible under the hearsay rule, but there are also many statements that would otherwise be ...
- 194k
2
votes
In what situations is hearsay allowed in a court of law?
There are many exceptions. Charles Rembar, in The law of the Land (p. 355). writes:
So the rule excluding hearsay has its exceptions, numerous and large. The Wigmore treatise takes two hundred and ...
- 113k
2
votes
Can text message be used against me in court
Generally speaking, the texts sound like fair game.
Assuming you're in the United States, there's likely no privacy law that will protect you against the use of information obtained by a husband/...
- 57.1k
2
votes
Accepted
Sworn statement from Chief of Staff on President's intent:isn't that hearsay?
Yes, it is hearsay.
Hearsay is an out-of-court statement offered to prove the truth of the matter asserted. Fed. Evid. R. 801.
Trump's statement about what his tweets meant was made out of court, and ...
- 57.1k
2
votes
Hearsay in email
Is it hearsay?
Hearsay is: (1) a statement; (2) made outside of court; (3) offered as evidence; (4) that the out-of-court statement is true. But statements made by the adverse party in the legal ...
- 57.1k
1
vote
Watching the series Anatomy of a Scandal; would a rape case on such minimal evidence make it to court in real life?
Yes
Who the jury believes is pretty much the heart of every case, not just those about sexual assault.
new-south-wales
The alleged victim will give evidence, and the police officer(s) to whom they ...
- 197k
1
vote
In what situations is hearsay allowed in a court of law?
In what situations is hearsay allowed in a court of law?
If it is relevant (irrelevant evidence is inadmissible even if it isn't hearsay) and it falls into one of the many exemptions which other ...
- 197k
1
vote
Why what you say to the police can be used against you, but not in your favour?
Miranda warning is a warning given to you, in order to avoid you having legal disadvantages. It makes sense that they don’t have to warn you about advantages from making a statement. “If you supply a ...
- 32.9k
1
vote
Accepted
801.d.2.D - Party Opponent
This isn’t hearsay
Thornhill is testifying as to what Drucker said to them. It’s only hearsay if the testimony is trying to show that Drucker’s statements were factual. There is actually nothing in ...
- 197k
1
vote
Hearsay in email
Hearsay
A lot more stuff is hearsay than most people think. In new-south-wales, hearsay is defined in s59 of the Evidence Act 1995:
(1) Evidence of a previous representation made by a person is ...
- 197k
1
vote
Is this hearsay?
I'm making this an answer only because it's too long to put in a comment. Mr_V's answer is correct IMO. The reason why analysis is difficult is because the above testimony is a statement, which ...
- 210k
Only top scored, non community-wiki answers of a minimum length are eligible