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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118239
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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civil case: hearsay - If a witness states "my sister gave

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civil case: hearsay - If a witness states "my sister gave me permission to..." is that hearsay?
Thank you for your question. I look forward to working with you to provide you the information you are seeking with educational purposes only.

Any statement of another offered as proof to the matter asserted would be considered hearsay if the person who made the statement is not present to testify first hand to what they said.

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Customer: replied 3 years ago.

I argued hearsay as to an affidavit in which the affiant stated she was given permission to access her sister's acct and the judge overruled it stating that it was not hearsay because she was not stating what was said by her sister, onlyh that she had her permission. It seems to me that is parting hairs since ultimately she was telling us what another person related to her.


Was the judge in error here?

Thank you for your response.

Yes, judge's often split hairs, but that is what hearsay is and it is tough to define for courts and attorneys. If she said only that she had permission to do so and not specifically the words that her sister told her she had permission, then she is stating only a fact that she had permission as the judge stated. I think the judge may have actually gotten this one right (they are not always wrong) based on what you just said above.
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