- Joined
- Dec 28, 2014
Imagine growing up with the surname "Rekieta" and knowing it means you're going to get "Balldo" jokes your entire life thanks to your disgusting, degenerate, perverted, homosexual cuck dad.You think he is going to think you are some cool dad having sex in public with strangers?
Well, it is hearsay, if you're introducing the actual out of court statements as evidence in and of themselves. But it falls within one of the nearly innumerable hearsay exceptions, much like Nick's idiotic drug binge rants do, even if Nick doesn't testify.it's not hearsay if the person (allegedly) involved is testifying. In that case, it's testimonial evidence.
But if April testifies, her own testimony is obviously not even hearsay. Her previous statements are hearsay, although she can be cross examined on them.
Even a cop's own report from the time is hearsay, even if the cop is on the stand. Nevertheless, the prosecution sometimes has him read his own report to "refresh his recollection." Often, in those cases, while the witness may in fact repeat things from the "hearsay," and the jury doesn't get a physical copy of the cop's written report, they do get to hear it on the record.
Hearsay has so many exceptions to it that it's almost a collection of rules for admissability rather than a rule about it not being allowed at all.
The current state of the FREs is mostly mirrored by state rules, and the exceptions to hearsay are as old as Wigmore on Evidence.
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