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The Federal Rules of Evidence define hearsay as: A statement that: (1) the declarant does not make while testifying at the current trial or hearing; and (2) a party offers in evidence to prove the truth of the matter asserted in the statement. (F.R.E. 801(c)). [2] The "declarant" is the person who makes the out-of-court statement. (F.R.E. 801(b ...
Dying declarations are allowed as evidence in Indian courts if the dying person is conscious of their danger, they have given up hopes of recovery, the death of the dying person is the subject of the charge and of the dying declaration, and if the dying person was capable of a religious sense of accountability to their Maker. [3]
"Hearsay is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted." [1] Per Federal Rule of Evidence 801(d)(2)(a), a statement made by a defendant is admissible as evidence only if it is inculpatory; exculpatory statements made to an investigator are hearsay and therefore may not be admitted as ...
In United States law, a declaration (or statement) against interest is an exception to the rule on hearsay in which a person's statement may be used, where generally the content of the statement is so prejudicial to the person making it that they would not have made the statement unless they believed the statement was true. For example, if a ...
The party admission, in the law of evidence, is a type of statement that appears to be hearsay (an out of court statement) but is generally exempted (excluded) from the definition of hearsay because it was made by a party to the litigation adverse to the party introducing it into evidence.
There were certain recognized exceptions to the hearsay rule, but the Dearest Alvina letter did not seem to qualify for any of them. The insurance companies’ lawyers could do no better than to argue that it was a business record; there was such an exception to the hearsay rule, but a love letter certainly did not satisfy its requirements. [28]
A person's online musings, photos and videos - such as a popular cooking blog or a gaming avatar that has acquired a certain status online - also can be worth money.
A dead man's statute, also known as a dead man act or dead man's rule, is a statute designed to prevent perjury in a civil case by prohibiting a witness who is an interested party from testifying about communications or transactions with a deceased person (a "decedent") against the decedent unless there is a waiver.