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Experience:  30 years in civil, probate, real estate, elder law
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I am selling my 50% ownership in a company that I

Customer Question

I am selling my 50% ownership in a company that I co-founded. The other co-founder's wife has taken it upon herself to send demands to me. She is and never was a part of the company. What legalize should I reference in an email to her that explains that any testimony from her would be hear-say or thrown out.. etc?
Submitted: 1 year ago.
Category: Legal
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. I am Ray and will be the expert helping you today.

You can advise her that any further communication will be with the co- founder as the named partner.You can suggest that she forward any communication through her husband and you will respond to him here.

You are not obligated to do anything else with her, deal with the other co-founder here.

You have the right idea to respond to her and then end it.Having her communicate through the husband as the co-founder is appropriate.If the co-founder has a lawyer then you can communicate to the lawyer.Once you send your letter here I would cease communication with this person, it is just confusing and really unnecessary.

Any testimony from her that lacks personal presence--she was there and heard it is hearsay and likely not admissible.

RULES OF SUPREME COURT OF VIRGINIA

PART TWO

VIRGINIA RULES OF

EVIDENCE

ARTICLE VIII. HEARSAY

Rule 2:803

Hearsay Exceptions Applicable Regardless of Availability of the Declarant

(Rule 2:803(10)(a) derived from Code §

8.01

-

390

(C)

; Rule 2:803(10)(b) derived from Code §

19.2

-

188.3

; Rule 2:803(17) derived from

Code §

8.2

-

724; and Rule 2:803(23) is derived from

Code §19.2-268.2)

The following are not excluded by the hearsay rule, even though the declarant is available as a

witness:(0)Admission by party-opponent

. A statement offered against a party that is (A) the party's

own statement, in either an individual or a representative capacity, or (B) a statement of which

the party has manifested adoption or belief in its truth, or (C) a statement by a person authorized

by the party to make a statement concerning the subject, or (D) a statement by the party's agent

or employee, made during the term of the agency or employment, concerning a matter within the

scope of such agency or employment, or (E) a statement by a co-conspirator of a party during the

course and in furtherance of the conspiracy.

(1)

Present sense impression

. A spontaneous statement describing or explaining an event or

condition made contemporaneously with, or while, the declarant was perceiving the event or

condition.

(2)

Excited utterance

. A

spontaneous or impulsive statement prompted by a startling event or

condition and made by a declarant with firsthand knowledge at a time and under circumstances

negating deliberation.

(3)

Then existing mental, emotional, or physical condition

. A statement of the declarant's

then existing state of mind, emotion, sensation, or physical condition (such as intent, plan,

motive, design, mental feeling, pain, and bodily health), but not includ

ing a statement of memory

or belief to prove the fact remembered or believed unless it relates to the execution, revocation,

identification, or terms of the declarant's will.

(4)

Statements for purposes of medical treatment

. Statements made for purposes of medical

diagnosis or treatment and describing medical history, or past or present symptoms, pain, or

sensations, or the inception or general character of the cause or external source thereof inso

far as

reasonably pertinent to diagnosis or treatment.

(5)

Recorded recollection

. Except as provided by statute, a memorandum or record

concerning a matter about which a witness once had firsthand knowledge made or adop

ted by the

witness at or near the time of the event and while the witness had a clear and accurate memory of

it, if the witness lacks a present recollection of the event, and the witness vouches for the

accuracy of the written memorandum. If admitted, the

memorandum or record may be read into

evidence but may not itself be received as an exhibit unless offered by an adverse party.

(6)

Business records

. A memorandum, report, record, or data compilation, in any form, of

acts, ev

ents, calculations or conditions, made at or near the time by, or from information

transmitted by, a person with knowledge in the course of a regularly conducted business activity,

and if it was the regular practice of that business activity to make and ke

ep the memorandum,

report, record, or data compilation, all as shown by the testimony of the custodian or other

qualified witness, unless the source of information or the method or circumstances of preparation

indicate lack of trustworthiness. The term “bu

siness” as used in this paragraph includes business,

organization, institution, association, profession, occupation, and calling of every kind, whether

or not conducted for profit.

(6)

Records

of

a

Regularly

Conducted

Activity.

A

record

of

acts,

events,

calculations,

or

conditions

if:

(A) the

record was

made

at

or

near

the

time of the acts, events, calculations, or

conditions

by

--

or

from

information

transmitted

by

--

someone

with

knowledge;

(B) the

record

was made and

kept

in

the

course

of

a

regularly

con

ducted

activity

of

a

business,

organization,

occupation,

or

calling,

whether

or

not

for

profit;

(C) making

and keeping

the

record

was

a

regular

practice

of

that

activity;

(D) all

these

conditions

are

shown

by

the

testimony

of

the

custodian

or

another

quali

fied

witness,

or

by

a

certification

that

complies

with

Rule

2:902(6)

or

with

a

statute

permitting

certification

;

and

(E)

neither the

source

of

information

n

or

the

method

or

circumstances

of

preparation

indicate

a

lack

of

trustworthiness.

(7)

Reserved

.

(8)

Public records and reports

. In addition to categories of government records made

admissible by statute, records, reports, statements, or data compilations, in any form, prepared by

public offices or agencies, settin

g forth (A) the activities of the office or agency, or (B) matters

observed within the scope of the office or agency's duties, as to which the source of the recorded

information could testify if called as a witness; generally excluding, however, in crimina

l cases

matters observed by police officers and other law enforcement personnel when offered against a

criminal defendant.

(9)

Records of vital statistics

. Records or data compilations, in any form, of births, fet

al

deaths, deaths, or marriages, if the report was made to a public office pursuant to requirements of

law.

(10)

Absence of entries in public records and reports

.

(a) Civil Cases. An affidavit signed by an officer, or the deputy thereof, deemed

to

have custody of records of this Commonwealth, of another state, of the United States, of

another country, or of any political subdivision or agency of the same, other than those located

in a clerk's office of a court, stating that after a diligent sear

ch, no record or entry of such

record is found to exist among the records in such office is admissible as evidence that the

office has no such record or entry.

(b) Criminal Cases. In any criminal hearing or trial, an affidavit signed by a

government

official who is competent to testify, deemed to have custody of an official record,

or signed by such official's designee, stating that after a diligent search, no record or entry of

such record is found to exist among the records in such official's custod

y, is admissible as

evidence that the office has no such record or entry, provided that if the hearing or trial is a

proceeding other than a preliminary hearing the procedures set forth in subsection G of §

18.2

-

472.1

for admission of an affidavit have been satisfied, mutatis mutandis, and the

accused has not objected to the admission of the affidavit pursuant to the procedures set forth

in subsection H of §

18.2

-

472.1

, mutatis mutandis. Nothing in this subsection (b) shall be

construed to affect the admissibility of affidavits in civil cases under subsection (a) of this

Rule.

(11)

Records of relig

ious organizations

. Statements of births, marriages, divorces, deaths,

legitimacy, ancestry, relationship by blood or marriage, or other similar facts of personal or

family history, contained in a regularly

kept record of a religious organization.

(12)

Marriage, baptismal, and similar certificates

. Statements of fact contained in a

certificate that the maker performed a marriage or other ceremony o

r administered a sacrament,

made by a clergyman, public official, or other person authorized by the rules or practices of a

religious organization or by law to perform the act certified, and purporting to have been issued

at the time of the act or within a

reasonable time thereafter.

(13)

Family records

. Statements of fact concerning personal or family history contained in

family bibles, genealogies, charts, engravings on rings, inscriptions on family portraits,

engravings on

urns, crypts, or tombstones, or the like.

(14)

Records of documents affecting an interest in property

. The record of a document

purporting to establish or affect an interest in property,

as proof of the content of the original

recorded document and its execution, and delivery by each person by whom it purports to have

been executed, if the record is a record of a public office and an applicable statute authorizes the

recording of document

s of that kind in that office.

(15)

Statements in documents affecting an interest in property

. A statement contained in a

document purporting to establish or affect an interest in pro

perty if the matter stated was relevant

to the purpose of the document, unless dealings with the property since the document was made

have been inconsistent with the truth of the statement or the purport of the document.

(16)

Statements in ancient documen

ts

. Statements generally acted upon as true by persons

having an interest in the matter, and contained in a document in existence 30 years or more, the

authenticity of which is established.

(17)

Market quotat

ions

. Whenever the prevailing price or value of any goods regularly

bought and sold in any established commodity market is in issue, reports in official publications

or trade journals or in newspapers or periodicals of general circulation published as the

reports of

such market shall be admissible in evidence. The circumstances of the preparation of such a

report may be shown.

(18)

Learned treatises

.

See

Rule 2:

706.

(19)

Reputation concerning boundaries

. R

eputation in a community, arising before the

controversy, as to boundaries of lands in the community, where the reputation refers to

monuments or other delineations on the ground and some evidence of title exists.

(20)

Reputation as to a character trait

. Reputation of a person's character trait among his or

her associates or in the community.

(21)

Judgment as to personal, family, or general history, or boundaries

. Judgments as proof

of matters of personal, family or general history, or boundaries, essential to the judgment, if the

same would be provable by evidence of reputation.

(22)

Statement of identification by witness

. The declarant testifies at the trial or hearing and

is subject to cross

-

examination concerning the statement, and the statement is one of

identification of a person.

(23)

Recent complaint of sexual assault

. In

any prosecution for criminal sexual assault under

Article 7 (

§

18.2

-

61

et seq.

) of Chapter 4 of Title 18.2, a violation of

§§

18.2

-

361

,

18.2

-

366

,

18.2

-

370

or §

18.2

-

370.1

, the fact that the person injured made complaint of the offense recently

after commission of the offense is admis

sible, not as independent evidence of the offense, but for

the purpose of corroborating the testimony of the complaining witness.

(24)

Price of goods

. In shoplifting cases, price tags regularly affixed to items of personalty

offered for sale, or testimon

y concerning the amounts shown on such tags

I wish you the best resolving this and moving on.Sounds like the wife wants to get something started here, no need to do so once you have responded.

Expert:  Ray replied 1 year ago.

Hearsay is not admitted in court because it's not trustworthy, as well as because of various constitutional principles such as the right to confront one's accusers, however, there are so many exceptions that often times hearsay is admitted more than excluded.

Expert:  Ray replied 1 year ago.

Here if she was not present and has no first hand knowledge then it likely is hearsay and not admissible here.

Expert:  Ray replied 1 year ago.

Reference to the rules.

http://www.bernhardandgardner.com/files/VARulesOfEvidenceSourceNotes.pdf

Thanks again for the chance to help.