1. CHAP. 3 : INTRODUCTION TO THE HEARSAY RULE
P. JANICKE
2006

2. Chap. 3 -- Intro to Hearsay
IN GENERAL:
WITNESSES ARE NOT ALLOWED TO TESTIFY TO OUT-OF-COURT UTTERANCES
OF THEMSELVES
OF OTHERS
DOCUMENTS CONTAIN STATEMENTS AND AREN’T ALLOWED IN EVIDENCE
THEY ARE WRITTEN OUT OF COURT
2006
Chap Intro to Hearsay

3. Chap. 3 -- Intro to Hearsay
EXAMPLES
WITNESS CAN’T SAY WHAT HE TOLD THE POLICE
LETTERS ARE INADMISSIBLE
POLICE REPORTS ARE INADMISSIBLE
2006
Chap Intro to Hearsay

4. Chap. 3 -- Intro to Hearsay
RATIONALE:
WE WANT WITNESSES TO TELL US FIRST-HAND ON THE STAND WHAT THEY SAW
CROSS-EXAMINATION IS AN ADVERSARY’S RIGHT
E.G.: THE CHEMIST FROM THE POLICE LAB TESTIFIES TO THE BLOOD TYPE
2006
Chap Intro to Hearsay

5. THE MAIN EXCEPTION TO WHAT IS HEARSAY: STATEMENTS OF OPPOSING PARTY
A PARTY TO A CASE CAN ASK A WITNESS WHAT THE OTHER PARTY SAID (IF THE WITNESS WAS THERE)
WITNESS CAN BE THE OTHER PARTY
WITNESS CAN BE A BYSTANDER
2006
Chap Intro to Hearsay

6. Chap. 3 -- Intro to Hearsay
THE OPPOSING PARTY’S WRITINGS ARE SIMILARLY O.K.
LETTERS
MEMOS
RECORDS
2006
Chap Intro to Hearsay

7. THESE ARE CALLED “ADMISSIONS”
ANY STATEMENT BY OPPOSING PARTY WILL QUALIFY WHEN OFFERED BY HER ADVERSARY PARTY
NO ANALYSIS FOR WHETHER IT’S FOR OR AGAINST THE SPEAKER’S INTEREST
2006
Chap Intro to Hearsay

8. OPPOSING PARTY MEANS THE ONE THE OFFERING LAWYER IS AGAINST
IN CASE OF JONES vs. SMITH, JONES’S LAWYER CAN INTRODUCE SMITH’S STATEMENTS, AND SMITH’S LAWYER CAN OFFER JONES’S STATEMENTS
NEITHER SIDE CAN INTRODUCE ITS OWN OUT-OF-COURT STATEMENTS
2006
Chap Intro to Hearsay

9. Chap. 3 -- Intro to Hearsay
TRIAL IN JONES v. SMITH
HIGH UP
BENCH (JUDGE)
JONES
JURY
CLERK AND REPORTER
PODIUM
COUNSEL FOR SMITH
COUNSEL FOR JONES
RAILING
SPECTATORS
( FOR SMITH)
SPECTATORS
(FOR JONES)
2006
Chap Intro to Hearsay

10. Chap. 3 -- Intro to Hearsay
TRIAL IN JONES v. SMITH
HIGH UP
BENCH (JUDGE)
BYSTANDER
JURY
CLERK AND REPORTER
PODIUM
COUNSEL FOR SMITH
COUNSEL FOR JONES
RAILING
SPECTATORS
( FOR SMITH)
SPECTATORS
(FOR JONES)
2006
Chap Intro to Hearsay

11. Chap. 3 -- Intro to Hearsay
TRIAL IN JONES v. SMITH
HIGH UP
BENCH (JUDGE)
SMITH
JURY
CLERK AND REPORTER
PODIUM
COUNSEL FOR SMITH
COUNSEL FOR JONES
RAILING
SPECTATORS
( FOR SMITH)
SPECTATORS
(FOR JONES)
2006
Chap Intro to Hearsay

12. Chap. 3 -- Intro to Hearsay
WHO THE TESTIFYING WITNESS IS HAS NOTHING TO DO WITH IT!
JONES LAWYER CAN ASK JONES WHAT SMITH SAID
JONES LAWYER CAN ASK SMITH WHAT SMITH SAID
JONES LAWYER CAN ASK A BYSTANDER WHAT SMITH SAID
JONES IS SAID TO BE “OFFERING” THE STATEMENT (VIA A WITNESS)
2006
Chap Intro to Hearsay

13. Chap. 3 -- Intro to Hearsay
N.B.!!!
A PARTY CAN ALWAYS TESTIFY TO WHAT HAPPENED
BUT NOT WHAT HE
WROTE DOWN
REPORTED BY PHONE
TOLD OTHERS ORALLY
2006
Chap Intro to Hearsay

14. Chap. 3 -- Intro to Hearsay
A NON-PARTY WITNESS CAN LIKEWISE SAY ON THE STAND WHAT HAPPENED
BUT NOT WHAT SHE
WROTE DOWN
REPORTED BY PHONE
TOLD OTHERS ORALLY
2006
Chap Intro to Hearsay

15. GENERALLY, CAN A WITNESS TELL US WHAT PLAINTIFF SAID?
YES, IF ASKED BY DEFENDANT’S COUNSEL (THE “ADVERSE PARTY”)
NO, IF ASKED BY PLAINTIFF’S COUNSEL
2006
Chap Intro to Hearsay

16. ADMISSIONS IN THE CORPORATE CONTEXT
IF A PARTY IS A CORPORATION:
STATEMENTS OF ITS OFFICERS ARE ADMISSIBLE (BY ADVERSARY)
STATEMENTS OF ITS EMPLOYEES ARE ADMISSIBLE (BY ADVERSARY)
STATEMENTS OF ITS LAWYERS OR REPRESENTATIVES ARE ADMISSIBLE (BY ADVERSARY)
ITS GENERATED DOCUMENTS ARE ADMISSIBLE (BY ADVERSARY)
2006
Chap Intro to Hearsay

17. EXAMPLES OF ADMISSIONS
DEFENDANT INTRODUCES POLICE LAB REPORT
DEFENDANT INTRODUCES POLICE CRIME-SCENE REPORT
PROSECUTOR ASKS ANY WITNESS WHAT D. SAID
PLAINTIFF INTRODUCES LETTER FROM DEFENDANT’S EMPLOYEE
2006
Chap Intro to Hearsay

18. Chap. 3 -- Intro to Hearsay
MORE EXAMPLES
PROS. CAN ASK A BYSTANDER WHAT D. SAID
PROS. CAN ASK A POLICEMAN WHAT D. SAID (IF HE HEARD IT)
IF D. TESTIFIES AT TRIAL, PROS. CAN ASK D. WHAT D. SAID
2006
Chap Intro to Hearsay

19. Chap. 3 -- Intro to Hearsay
A VICTIM IS NOT A PARTY IN A CRIMINAL CASE
HENCE, VICTIM’S OUT-OF-COURT STATEMENTS ARE USUALLY NOT ALLOWED TO BE INTRODUCED AT TRIAL
VICTIM CAN OF COURSE TESTIFY TO WHAT HAPPENED
2006
Chap Intro to Hearsay

20. Chap. 3 -- Intro to Hearsay
CIVIL CASE – PARTIES ARE:
PLAINTIFF
DEFENDANT
A VICTIM COULD BECOME A CIVIL PLAINTIFF, HENCE A PARTY
IN THAT CASE, THE DEFENDANT COULD OFFER THE VICTIM/PLAINTIFF’S OUT-OF-COURT STATEMENTS
2006
Chap Intro to Hearsay

21. Chap. 3 -- Intro to Hearsay
SOME OUT-OF-COURT UTTERANCES AREN’T “STATEMENTS”
WORDS THAT ARE THEMSELVES AN ELEMENT OF THE CASE ARE NOT REGARDED AS STATEMENTS; EXAMPLES > >
2006
Chap Intro to Hearsay

22. Chap. 3 -- Intro to Hearsay
OFFER AND ACCEPTANCE (in contract case)
WARRANTY OF GOOD CONDITION (in warranty case)
DEFAMATORY UTTERANCE (in defamation case)
CHECK DRAWN ON A BANK (payment defense)
THE LEASE (in eviction case)
PERMISSION TO DRIVE MY CAR (theft defense)
2006
Chap Intro to Hearsay

23. Chap. 3 -- Intro to Hearsay
SINCE THESE AREN’T “STATEMENTS,” THEY AREN’T HEARSAY
THEY CAN BE ADMITTED IN EVIDENCE BY EITHER SIDE, THROUGH TESTIMONY TO WHAT WAS SAID, OR, IF IN WRITING, INTRODUCING THE DOCUMENT
2006
Chap Intro to Hearsay

24. Chap. 3 -- Intro to Hearsay
MUCH MORE ON THE RULE EXCLUDING HEARSAY STATEMENTS, LATER IN THE COURSE !!
2006
Chap Intro to Hearsay