Rename Countersign Evidence with airSlate SignNow

Integrate countersignature evidence

verbal and written statements are commonly offered at hearings and trials to prove facts at issue in a case courts are required to exclude certain statements from evidence when they were made by parties not present to testify at the trial or hearing these statements are referred to as hearsay the types of statements that are excluded as hearsay include a person's oral assertion written assertion or nonverbal conduct that is intended as an assertion a head nod for example is nonverbal conduct that is also an assertion the party that originally made the statement or assertion that is being offered as evidence is referred to as the declarant hearsay is one a statement that the declarant makes other than while testifying at the current trial or hearing and - that is offered to prove the truth of the matter asserted anytime a witness testifies as to what another person said and offers it as proof that what the other person said is true then that evidence is being offered to prove the truth of the matter asserted for example let's say that in a family law case Henry wants to testify that his wife's mother mother may stated that she saw the wife Wendy hit her child since Henry is testifying as to what mother may said the testimony could be hearsay if Henry is offering mother Mae's statement as proof that Wendy hit their child then it's hearsay Henry is not the proper person to testify as to what mother may said mother may showed herself testify as to what she observed on the other hand suppose Henry is offering mother made statements to show that mother may and Henry communicate regularly about the child for example what if Henry wants to support his claim that mother may is an appropriate temporary guardian for the child and therefore wants to establish that she takes an interest in the child and discusses the welfare of the child on a regular basis Henry is no longer trying to prove that Wendy actually hit the child since Henry is not offering this statement as proof what mother may said is true the statement does not meet the definition of hearsay it's being offered essentially to show that the conversation place the substance of the conversation is not really relevant to that point and it's not critical to determine whether the statement that Wendy hit the child is actually true to establish what the testimony is trying to prove therefore this statement is not being offered for each truth value and is not hearsay one nuance to the hearsay rule is that statements made by the opposing party in the current case are not hearsay these statements are referred to as admissions of a party opponents and are admissible in court so long as the admission is being used against the opposing party thus if Wendy ever admitted to hitting the child in the previous case Henry could introduce Wendy's admission into...