Arif Khokar wrote:
> Harry K wrote:
> > Arif Khokar wrote:
> >>
> >>IANAL, but I find it hard to believe that hearsay evidence would be
> >>allowed at a civil trial though.
IAAL and you're correct. Hearsay is generally prohibited (there are
certain exceptions) in all court proceedings on the record.
> Unless the lead driver testifies under oath, or provides a sworn
written
> statement to that effect, then it's hearsay (AFAIK).
It's not even that easy. A sworn statement is not subject to
cross-examination, which is what the hearsay rule requires by its
operation. IOW, no lead driver, no testimony about *what he said*. If
so, it should be properly excluded upon objection. Failure to do so is
reversible error.
--
C.R. Krieger
(Been there; done that)
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