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To: The Pack Knight

I don’t think so. Hearsay is what the testifying person hears someone else say. Here, the testifying witness is testifying to what he saw himself.


44 posted on 11/27/2020 12:08:01 PM PST by maro (MAGA!)
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To: maro
No, hearsay is any statement, offered as proof of the matter asserted, made while the declaring is not testifying at he current trial. The out of court statement is hearsay whether it is contained in a document or related by a different witness. Here is the language of the actual rule, Rule 801(c) of the Federal Rules of Evidence:

(c) Hearsay. “Hearsay” means a statement that: (1) the declarant does not make while testifying at the current trial or hearing; and (2) a party offers in evidence to prove the truth of the matter asserted in the statement.

66 posted on 11/27/2020 12:43:13 PM PST by The Pack Knight
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