Topic
Hearsay
406 published works
School Law
CAS Legal Mailbag Question of the Week – 9/15/22
Originally appeared in the CAS Weekly Newsletter Dear Legal Mailbag: Unbeknownst to me, one of the students in my school has been bullying another student so severely that expulsion seems to…
Paul W. Mollica Federal Courts Blog
Eleventh Circuit Holds That District Court Erred in Excluding Evidence of Colombian Prosecution Documents in Torture Victim Protection Act Case
In Does 1 Through 976 v. Chiquita Brands Int’l, Inc., No. 19-13926 (11th Cir. Sept. 6, 2022), the Eleventh Circuit substantially reverses summary judgment in a dozen bellwether cases against…
EvidenceProf Blog
Court of Appeals of Mississippi Finds Rule 801(d)(1)(C) Only Applies to Technical Identifications
By Colin Miller
Similar to its federal counterpart, Mississippi Rule of Evidence 801(d)(1)(C) provides an exclusion to the rule against hearsay whenThe declarant testifies and is subject to cross-examination about a prior statement,…
Unpredictable
The Business Record Exception to the Hearsay Rule
By Will Newman
It turns out that the most popular post on this blog is the one about hearsay. At the time I wrote it, I didn’t realize it would be so popular,…
Family
Hearsay Statements of Child Abuse Challenged in Newport, Tennessee Termination of Parental Rights: In re Analesia Q.
By K.O. Herston
When is hearsay from a child about abuse admissible in a Tennessee court?
On Point
SCOW will take up hearsay rules; “opening the door” to confrontation violations
By Wisconsin State Public Defender
State v. Garland Dean Barnes, 202AP226-CR, petition for review of a per curiam opinion granted 4/15/22; case activity (including briefs) Questions Presented: Can a defendant open the door to testimonial hearsay…
California Accident Attorneys Blog
California Residential Care Facility Not Off the Hook for Abuse Claim
Police reports are often found to be inadmissible as hearsay in both civil and criminal cases. However, there are certain situations in which the information contained in police reports might…
A Lawyer's Blog
NEW EVIDENCE RULE ON HEARSAY
Effective December 31, 2021, is CPLR 4549:" § 4549. Admissibility of an opposing party's statement. A statement offered against an opposing party shall not be excluded from evidence as hearsay…
Product Liability Advocate
New York Enacts New Rule of Evidence Expanding the Scope of the Admissibility of Employee-Agent Hearsay Statements
By Russ Vignali
Among the bills signed by New York Governor Hochul at the close of 2021 – and in addition to the bill that significantly changed New York’s insurance disclosure requirements that…
EvidenceProf Blog
Court of Appeals of Washington Finds 1981 Newspaper Article Admissible Against Mobil as an Ancient Document
By Colin Miller
Similar to its federal counterpart, Washington Rule of Evidence 901(b)(8) provides thatBy way of illustration only, and not by way of limitation, the following are examples of authentication or identification…