Search results
Results from the WOW.Com Content Network
The rule excluding hearsay arises from a concern regarding the statement's reliability. Courts have four principal concerns with the reliability of witness statements: the witness may be lying (sincerity risk), the witness may have misunderstood the situation (narration risk), the witness's memory may be wrong (memory risk), and the witness's perception was inaccurate (perception risk). [8]
"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 ...
To be admissible, the evidence referred to in the document must itself be admissible. The person supplying the information must have had personal knowledge of it (or be reasonably supposed to have had), and everyone else through whom the information was supplied must have also been acting in the course of business.
The witness must have personal knowledge of declarant's making of the statement, but need not have personal knowledge of the event or the content of the statement. For example, a policeman observed from a distance that a reporter was dictating into a voice-recorder while a shooting was going on, but could not hear what the reporter was dictating.
The record must have been made at or near the time of the act, event, or transaction at issue. Furthermore, the record must consist of matters either within the personal knowledge of the entrant or within the personal knowledge of someone with a duty to transmit the information to the entrant. This last point was contested in the case of Johnson v.
A lay witness is a non-expert who may only provide opinions based upon their own personal knowledge of particular facts at issue in a case. [29] F.R.E. 602 provides the rule relating to the necessary foundation that must be laid for a witness to testify on a particular matter.
Foundation: the question relates to matters of which the witness's personal knowledge has not been established. Hearsay: An out of court statement used to prove the fact that the statement is being offered for. However, there are several exceptions to the rule against hearsay in most legal systems. [6]
An anecdotal evidence (or anecdata [1]) is a piece of evidence based on descriptions and reports of individual, personal experiences, or observations, [2] [3] collected in a non-systematic manner. [4] The word anecdotal constitutes a variety of forms of evidence.