What is Hearsay Evidence?

In NH "Hearsay Evidence" is admitted into court at Preliminary hearings of abuse and neglect. Parent's are not given the opportunity to speak. This is how DCYF stole my granddaughter in 2005, after the DCYF Lawyer told the Judge of a false report called in against my son-in-law, which had already been proven false almost two week's before the hearing.She claimed the report was true, even though she already knew it was false. The transcript/CD has been kept from us due to the Lawyer's dirty little secret that she committed perjury in court.We haven't seen my granddaughter since October of 2005 due to the unethical practices of a DCYF Lawyer.


What is Hearsay Evidence?

You must understand what hearsay is if you want to win in court.

It isn't what you think it is.

In court, "hearsay" has a very technical meaning that you must understand completely

Let's start with a simple definition of hearsay.

"An out-of-court statement offered to prove what it says."

Consider the first part of the definition.

What is an out-of-court statement? Well, it's just what it says, a statement made by someone somewhere other than "in court". Such statements may be made in writing, verbally, or painted in the sky with smoke trails from an airplane. If the statement is not made in court, it is an "out-of-court statement".

But, there's more! If a statement is made at a deposition where a certified court reporter is creating a transcript, it is considered as being made "in court". Both sides are invited to participate in depositions and ask questions, so neither side can complain they didn't have an opportunity to examine the deponent witness under oath. Courts treat deposition statements as being "in court".

The key point to latch onto here is that both sides have an equal opportunity to question the person making the statement under oath. A statement made by a witness at a deposition may in fact be hearsay, if the witness is testifying to what someone else said, but it is what the other person said that is hearsay ... the part that was said out-of-court by someone who could not be questioned under oath by both sides.

If the person who actually made the statement - the pilot in a sky writing airplane or the unknown author of some cryptic intra-office memo, for example - is not "in court" under oath and subject to be cross-examined, the statement is inadmissible hearsay (unless it falls into one of the exceptions).

Now for the interesting second part.

Is the statement offered to prove the truth of what it says?

If an out-of-court statement is not offered to prove what it says, it is not hearsay ... even though the statement is made out-of-court, is not under oath, and neither side has an opportunity to cross-examine. In order for a statement to be hearsay, it must be offered to prove the truth of what it says!

"She said she'd bake a cake after church next Easter Sunday." If a witness testifies her neighbor said this, and if the other side objects, you should make clear to the court that the statement is not hearsay. If the witness testifies to what her neighbor said she was going to do, then the out-of-court statement is only offered to prove what the neighbor said, not that what she said was true. If it isn't offered to prove the neighbor actually went to church or baked a cake, then it isn't hearsay ... even though it was an out-of-court statement.

Don't let the other side trick you!

You must fully understand hearsay and the hearsay exceptions if you want to win your case.

http://nfpcar.org/Legal/Tips/index.htm#What_is_Hearsay_Evidence