Hearsay is basically ANYTHING that is said outside of the Courtroom by ANYBODY. It also includes writings, documents and many other things.
Most commonly hearsay occurs during witness testimony. Mom is testifying about how scared Beverly was when dad left her with the new and strange babysitter. However, mom did not see nor meet the babysitter. She didn’t even know she existed. Mom was trying to say that Beverly said the babysitter said “….”
Attorney: OBJECTION, HEARSAY.
Judge: SUSTAINED. DON”T TELL ME WHAT THE CHILD SAID OR WHAT THE BABYSITTER SAID.
The babysitter has to come testify or mom has to describe Beverly after dad’s weekend.
Mom: She came home distressed and sullen. Her eyes were red, as if she’d been crying.
Beverly told her what happened, so she called dad. Now mom can say what dad said because he and she are the parties to the case, an exception to the hearsay rule.
Your attorney should practice your testimony and how to deal with hearsay. You may always describe what you personally observed, what you did and what you said, and this is the way to possibly get around hearsay and/or having other witnesses involved testify.
Matthew Thompson is a family law attorney and encourages you to practice your testimony and telling your story without saying what somebody told you.
Follow the blog: BowTieLawyer
You may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@bowtielawyer.ms