“Another poster is correct this is not hearsay. It is direct evidence.”
I’m guessing you don’t teach law. Technically this is hearsay as “an out of court statement offered to prove the truth of the matter being asserted.” However, it is admissible as only one of the many exceptions to the hearsay rule. Admissibility of the statement has nothing to do with being “direct evidence.”
Out of court statements made by the party being sued can be admitted under certain circumstances, and often are. Hearsay is one of the most difficult concepts for any lawyer or law student (or layperson) to grasp b/c of the many exceptions to the rule coupled with the fact that an objection must be made in court practically simultaneous to testimony.
Bottom line, it is hearsay that can be admitted.
Correct. But I was trying to not get too technical as this was not a court proceeding.