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Hearsay Evidence Made Easy! [7-Step Process]
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- Опубліковано 25 лип 2024
- Ready to finally understand hearsay evidence? Then be sure to watch this entire video so that you can (1) identify the truth of the matter asserted; (2) distinguish between hearsay and nonhearsay; and (3) know when to use the hearsay exceptions!
With any potential hearsay issue, the question is whether an out of court statement is admissible. So, the threshold question is determining whether the out of court statement is hearsay to begin with. If it's not, then the evidence is admissible.
If it is hearsay, then it's time to determine whether a hearsay exception applies (keeping in mind that nonhearsay is different from a hearsay exception).
Follow these easy steps to determine whether the evidence is admissible or improper!
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CHALLENGE: Comment with an example of "potential" hearsay within "potential" hearsay. Ridiculous examples only haha
(Note: I hit the subscribe button, and since you said hitting the subscribe button implies I'm awesome, it led me to this thought.)
I told my wife, "A UA-camr that makes law videos told me I was awesome in one of his videos today!"
I'd say the statement to my wife claims that the statement from you was tendered to prove the truth of the matter asserted. Namely, "my awesomeness!"
But, I'm clearly not sure, which is why I'm watching your videos lol
Thanks for making them, by the way. Hopefully it help me pass this exam tomorrow. 🤞🏾
Haha you nailed it! Good luck tomorrow!
@LawVenture can I use my witness to offer his direct experience to help discredit an opposing witness who the other party are relying heavily on?
Great basic content. There is definitely a need for these types of simple yet to the point evidence refreshers.
Glad you think so!
Great video, easy to understand. I couldn't understand my professor back at school, but you made it simple. Maybe the slow talking makes it easier to digest. And also the configuration step by step. Loved that. Keep up the good word and of course, a big Thank you!
Glad you liked it!
Wonderful work on Law Venture, thanks!
In California, the hearsay exclusion rule even applies to a party’s OWN out-of-court statements.
I learned this the hard way when I tried to admit my client’s own text messages that he sent to the other party.
NOPE. Still hearsay, even if it’s my client’s own out-of-court statements, said the judge! Opposing counsel didn’t object. The judge did!
And unfortunately, none of the exceptions applied and I was definitely trying to introduce them for the truth of the matter asserted!
Yeah that's a really hyper-technical situation! Any chance you can give some of the details? I may need to make a video on it
@@LawVenture sure. This was for a domestic violence restraining order hearing that I was defending.
During direct examination of my client, I tried to introduce a text message conversation between my client and the other party. I had no problems laying the foundation and authenticating the text messages.
But when I started asking questions about the content of the text messages, the judge stopped me and said i could only talk about the other party’s texts (party admission), not my client’s own texts (hearsay).
Which created a bizarre scenario wherein our testimony about the other party’s texts had 0 context since the judge wouldn’t even look at my client’s texts. LOL
I tried to get my client’s texts in under the “spontaneous statement” hearsay exception by arguing that my client perceived in the moment that the other party’s texts were dishonest and incendiary, which elicited strong emotions in my client which caused him to text her back immediately. Judge wasn’t having it. Lol
Keep in mind that this is family law court where judges routinely ignore the evidence code. It was actually my first time realizing that a party’s own out-of-court statements are hearsay, even when the party is testifying about them in court.
Apparently, only 1% of family law judges correctly apply the hearsay exclusion to a party’s OWN out-of-court statements, and that day was my unlucky day. Lol
@@briandtnguyen This sounds like a nightmare.... I'm sitting here trying to understand hearsay, and my spouse has text and phone call evidence for his custody case. New fear unlocked. So his custody hearing, with his giant load of evidence showcasing that his ex is not trying to co-parent and actively seeks to disrupt his parenting time could just be overlooked because his own in text correspondences can be considered Hearsay????? WHAT? LAW IS CONFUSING.
2L student -- last final is due Saturday. Love the content.
Best of luck and thanks!
I think I get the gist, but what about nuances. For example the doctor's office says that the insurance needs to be updated, I text this to the policy holder, & they text back what the insurance said... Is that also hearsay?
great !!
Thanks so much!
I wish you were my professor. Thank you for this.
Happy to help!
Got an error on the download of the cheat sheet, No URL found for this tracker ID.
That's super odd! I've had people download it today and yesterday without any issue. Try it again? If it doesn't work, then let me know!
I would absolutely love to see you do a video on the Darrell Brooks trial and how horrible his objections were. I can definitely understand why people shouldn't be their own attorney.
Some pop trivia for ya. Ted bundy was a law student and defended himself
how about a forwarded email as the main evidence. the author of the email forwarded her original email to her supervisor as to say the email is sent on time. the cause was the email wasnt sent to the plaintiff and didnt get selected for the job for it. plaintiff has been requesting for the original email but author refuse to do so.
What if the declerant is the witness? is it still hearsay?
Yeah -- you go through the same sort of tests
Only Rule 804 applies when the declarant is not available as a witness. The rule against hearsay still applies and so does rule 803
I think I got it then something confuses me. In a murder trial if a witness says the defendant told me he did it. Is that hearsay? I would think no but then it's comments made outside of court.
I'm clearly not a lawyer but watching the Amber Heard trial and all of the objections from Camille made me confused on some of them.
hey! ik this is very late haha but i'm in high school mock trial and just asked my attorney coach this question. If the statement is made BY THE DEFENDANT, then it is a hearsay exception! so any statements made my the defendant are allowed to be shared, including ones like "i did it" 🤭😁❤️
Never received anything....
It looks like the emails have been going out to the email address that you included. Either they are landing in your spam folder or you may have mistyped the email address.
if i ask someone on the stand, call him Mr. Knee Grow, what Ms. She boon said. is that hearsay, like ok mr. knee grow, did Ms. She boon say, i had too much KFC?
0:49 that's hearsay
Takes wayyy too long to get into discussion. Start at 5 min mark
some people need the detail he does a great job 👏 😅