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Re: Why Doesn't Someone Nail CAMCO?


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Posted by poor lawyer (24.199.187.22) on August 20, 2002 at 17:21:36:

In Reply to: Re: Why Doesn't Someone Nail CAMCO? posted by lucy on August 20, 2002 at 14:23:00:

Just a quick note on hearsay.

Testifying as to what the other person said is not hearsay if its not being offered to prove that "what the person said was true." If you are testifying to prove what was said, and not the truth of what was said, then it is not hearsay.

For example, a CA calls you and says "We have a judgment against you." (when in fact they do not) If you testify to that in court, it would not be hearsay, because you are not trying to prove that there is a judgment against you. You are trying to prove the words that the CA said.

If you were trying to prove that there is a judgment against you, then your testimony would be inadmissable for that purpose.

Also, it would not be hearsay because it is a statement against interest made by a party opponent. i.e. if the opposing party (or its agents, employees, etc.. within the scope of their agency or employment) makes a statement that is contrary to their interest at trial, then that is not hearsay.

So, if you are suing the CA for a violation of the FDCPA, you could testify that he said "We have a judgment against you" because it would be a statement against the CA's interest at trial. In such a case, it would be evidence of a violation of the FDCPA, and hence, against their interest at trial. (even if the statement was true and beneficial in another context, it would still be contrary to their interests at trial)

Hearsay gets kind of confusing, its probably the hardest of all evidence to deal with. But those are a couple of the bigger rules involving hearsay.

poor lawyer, esq.


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