is it hearsay?
Post on 12-Dec-2015
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Is it Hearsay?
Is it a statement made outside of
court?
A “statement” may include may include anything a person intended
to be an “assertion”
Spoken Words
Written Communication
Gestures
Witness’s Own Past Statement
DOES *NOT* INCLUDE
Statements Generated by
MachineUnintended Utterances
THESE ARE NOT HEARSAY!
NOT HEARSAY!
Admissible on this front, but keep going
with the evidence
analysis to see if there are
other issues
Is it being offered in order to prove what
the statement asserted?
E.g.,Not Sure… Is it being offered to
show the effect it had on the listener?
Is it being offered to show that the
listener believed it?
Is it being offered to prove that the
statement is false?
Is it being offered to prove that the
statement is false?Is it a contractual act, like an offer?
HEARSAY!!!
NOT HEARSAY!
It may be admissible
provided you get it past other
evidence hurdles…
No
No
No
NoNo
No
Yes!
Yes!
Yes!
Yes!
Yes!Yes!
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