Evidence at Trial

SEPTEMBER 9, 2024

Statement = Assertion or Expression The moment lawyers (and sometimes judges) spot any communication made “out of court,” they can quickly get bogged down looking for potential hearsay exceptions. “Statement” as defined by the hearsay rule, however, is not any communication.

Hearsay Rule 52

Hearsay Rule Witnesses Evidence 52

Evidence at Trial

DECEMBER 17, 2021

I've written about the rule and application of the business records exception here and here , and made a video explaining it here. In its analysis, the Court discussed the relationship between the secondary evidence rule and the business records exception to the hearsay rule.

Evidence 52

Evidence Arbitration Affidavits Admissibility 52

Evidence at Trial

MARCH 22, 2023

Must-Know Rule #3: Beware of Trojan Horse Hearsay Similar to relevance, judicial notice is not an exception to the hearsay rule. Second, the Court explained that "[c]aution must also be taken to avoid admitting evidence, through the use of judicial notice, in contravention of the relevancy, foundation, and hearsay rules.

Evidence 52

Evidence Witnesses Hearsay Rule Admissibility 52

Evidence at Trial

APRIL 7, 2023

A common exception to the hearsay rule in California (and considered "not hearsay" in federal court) is the party admission. And the plaintiff would offer the relevant portions into evidence "to provide the truth of the matter stated." So is the evidence inadmissible?

Admissibility 52

Admissibility Hearsay Rule Pleadings Evidence 52