Topic
Hearsay
406 published works
On Point
Admission of damaging hearsay a recommitment trial wasn’t plain error
By Wisconsin State Public Defender
Rock County v. H.V., 2021AP1760-FT, 1/13/22, District 4 (1-judge opinion, ineligible for publication); case activity This appeal concerns a recurring problem in Chapter 51 cases: the lack of objection to…
Philadelphia Criminal Defense Blog
PA Superior Court: Hearsay Alone Insufficient at Preliminary Hearing to Prove Defendant in Particular Committed Crime
Criminal Defense Lawyer Zak T. Goldstein, Esquire The Pennsylvania Superior Court has decided the case of Commonwealth v. Harris, holding that the Commonwealth must present admissible non-hearsay evidence at a preliminary hearing…
Tort Talk
A Nice Primer on the Hearsay Rule
Here's a decision that gives a nice reminder of how the rules of hearsay work in a trial setting. In the case of Nitkin v. Main Line Health, No. 2:20-CV-04825-KSM…
HeplerBroom Blog
Courts Deny Evidence of Asbestos Contamination of Talcum Powder as Hearsay
by Audra Zobrist Regardless of the type of case being tried, it is a longstanding tenet of evidence practice that hearsay statements are inadmissible at trial. The problem with admitting…
Future Lawyer
Tweets As Evidence In Litigation.
By rickgeorges
Tweets are classic hearsay evidence. As such, they are not admissible to prove the truth or falsity of the assertion in the tweet. They can, however, be powerful evidence in…
Law Times News
Hearsay probative value must be measured against prejudicial effect and not by case strength: ONT CA
Case provides guidance on admissibility of hearsay and statement of recanting witness: lawyer
Law Times News
Court of Appeal rules judge erred in finding hearsay evidence inadmissible
Appellant alleged her father arranged to have her unknowingly smuggle 1.9 kilos of cocaine
EvidenceProf Blog
Supreme Court of Wyoming Finds Statements Were Improperly Admitted Under Prior Consistent Hearsay Exclusion
By Colin Miller
Federal Rule of Evidence 801(d)(1)(B) provides an exclusion to the rule against hearsay for a statement that(B) is consistent with the declarant’s testimony and is offered:(i) to rebut an express or…
Expert Institute Insights
PA Experts May Rely on Hearsay But Not Novel Evidence
In Pennsylvania, the rules controlling expert witnesses are similar to the federal rules—with some notable exceptions. One such exception is that attorneys can effectively defend their expert’s reliance on hearsay…
Global IP & Technology Law Blog
Evidence Relating to Third Party Chips Better Be Good When It’s TV Time at the Federal Circuit: The admissibility of third-party source code as a business record under FRE 803(6)
By Steven Auvil
In patent infringement cases involving consumer electronics and the like, the accused instrumentality oftentimes includes components the accused infringer obtained from third-party suppliers. To prove infringement, the patent owner may…