These Statements Aren’t Hearsay, Even If Admitted for Their Truth

There are several types of statements that, although sought to be admitted in evidence for their underlying truth, aren’t considered hearsay. This means you can get them into evidence and no hearsay exception need apply. Continue reading

Getting Printouts of Digital Images into Evidence

printerBusiness records aren’t just text documents—they often include videos and other images that are digitally stored. Getting printouts of these images into evidence is just like any other business record evidence, but showing authenticity may require some tech knowledge. Continue reading

Dead Man Talking

ThinkstockPhotos-480320363When there’s a suit involving someone’s estate, can you get into evidence a hearsay statement by the person who has died? If the statement falls under this exception to the hearsay rule, the dead person may have his or her say in court. Continue reading

9 Steps to Getting Business Records into Evidence

steps_78288477You know you can get business records into evidence under an exception to the hearsay rule, but you’re not exactly sure how to do it. It’s simply a mechanical process—just get your witness on the stand and follow these nine steps. Continue reading

Ever Heard of Implied Hearsay?

101771660Most of us think about hearsay in connection with facts that are expressly stated. But an out-of-court statement that’s offered to prove the truth of the facts implied by the statement is also hearsay and inadmissible unless an exception applies. You may not have heard the term implied hearsay, but you’ve likely encountered it. Continue reading

How to Get Business Records into Evidence

101722256Need to get business records into evidence? There’s a hearsay exception for that! The business records exception to the hearsay rule makes it easier for businesses to provide records during litigation without undue disruption. Here’s how to use it. Continue reading

Know Trial Objections Cold

185468074Making objections is a key skill for every trial attorney. The more you try cases, the more rote they become. But if you’re relatively new to the courtroom, or it’s been a while since you’ve been there, here’s a system for memorizing possible objections and having them at the tip of your tongue at trial. Continue reading

That’s Not What You Said in Your Depo

mouth_94175022What do you do when a witness says one thing during his or her deposition and a very different thing when on the stand at trial? Impeach! Continue reading

How Do You Get Text Messages into Evidence: Authenticate, Authenticate, Authenticate

What can happen if you don’t authenticate text messages and then use them as crucial evidence in your case? A total disaster! Continue reading

Dying Declaration Captured on Tape Leads to Conviction

As you learn in law school evidence class, there is a hearsay exception for a dying declaration. In an era of public and private video and audio surveillance, this exception may become more useful than ever. Continue reading