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
VIRGINIA RULES OF
ARTICLE VIII. HEARSAY
Hearsay Exceptions Applicable Regardless of Availability of the Declarant
(Rule 2:803(10)(a) derived from Code §
; Rule 2:803(10)(b) derived from Code §
; Rule 2:803(17) derived from
724; and Rule 2:803(23) is derived from
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.
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
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
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.
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
reasonably pertinent to diagnosis or treatment.
. 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.
. A memorandum, report, record, or data compilation, in any form, of
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.
time of the acts, events, calculations, or
was made and
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
matters observed by police officers and other law enforcement personnel when offered against a
Records of vital statistics
. Records or data compilations, in any form, of births, fet
deaths, deaths, or marriages, if the report was made to a public office pursuant to requirements of
Absence of entries in public records and reports
(a) Civil Cases. An affidavit signed by an officer, or the deputy thereof, deemed
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
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 §
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 §
, mutatis mutandis. Nothing in this subsection (b) shall be
construed to affect the admissibility of affidavits in civil cases under subsection (a) of this
Records of relig
. 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.
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.
. Statements of fact concerning personal or family history contained in
family bibles, genealogies, charts, engravings on rings, inscriptions on family portraits,
urns, crypts, or tombstones, or the like.
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.
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.
Statements in ancient documen
. 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.
. 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
such market shall be admissible in evidence. The circumstances of the preparation of such a
report may be shown.
Reputation concerning boundaries
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.
Reputation as to a character trait
. Reputation of a person's character trait among his or
her associates or in the community.
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.
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.
Recent complaint of sexual assault
any prosecution for criminal sexual assault under
Article 7 (
) of Chapter 4 of Title 18.2, a violation of
, 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.
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.