law, torts
2006-07-19 06:04:35 · 5 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
To take Phil R's answer a step further. Hearsay is a statement, spoken out of the Courtroom, that the proponent wants the jury to hear (inside the Courtroom) to prove the truth of what was said.
So if I say that I believe the moon is made of green cheese, and the attorney wants to let the jury know that I said it, it is hearsay if it is offered to prove that the moon is made of green cheese, it is admissible if it is offered to to prove that I have never been an astronaut.
Having said that, the entire deposition is hearsay, and can only be admitted under certain exceptions to the rule.
2006-07-19 06:28:03 · answer #1 · answered by CAPTREE 4 · 0⤊ 0⤋
It depends on what you mean by hearsay.
A deposition is not generally used as testimony in a trial unless it is by consent of the parties. However, it is common for there to be hearsay in a deposition. A deposition is part of the discovery process. In most cases, at a trial the purpose of a deposition is to impeach the prior testimony of a witness.. example: the defendant's deposition is taken a year before trial. Then, at trial, the defendant testifies that one set of things happened. They can then be reminded that in their deposition, they testified the other way. It is up to the trier of fact (judge or jury) to determine the credibility of the witness.
Hearsay can be admissible under a host of exceptions. Without knowing more details of the circumstances, it would be impossible to speculate. The bottom line is... maybe.
2006-07-19 06:11:59 · answer #2 · answered by Phil R 5 · 0⤊ 0⤋
Any person giving a deposition can say whatever they want in that deposition, but it is usually inadmissible in court. However, there are so many rules governing hearsay that it would be impossible to answer your question without knowing more specifics. For a general idea, google "Federal Rules of Evidence." I believe Cornell University has a FRE database where you can type in search words like "hearsay" and find more information pertaining to the specifics of your case.
2006-07-19 06:10:00 · answer #3 · answered by sarge927 7 · 0⤊ 0⤋
Hearsay is a nice word for gossip. Do you want justice or a lynch mobb?
2006-07-19 06:07:20 · answer #4 · answered by taogent 2 · 0⤊ 0⤋
It's valid, but not admissable in court.
2006-07-19 06:07:35 · answer #5 · answered by Anonymous · 0⤊ 0⤋