Thank you, I was close. However, I don’t understand why an affidavit duly witnessed signed and Notarized and the content is about what they personally observed would be hearsay. Sure, if they heard it from someone else, obviously hearsay. You probably know better - I’m going by personal experience that has nothing to with this lawsuit.
It’s hearsay because it is a statement that is not made during the trial or hearing at which it is offered. It was written and signed before the trial, out of court. That makes it hearsay under the definition in Rule 801(c).
The reason affidavits are inadmissible hearsay is, while the affiant is under oath, the judge or jury can’t see or hear the witness testify. Hearing the witness and observing his face and body language is a major part of evaluating a witness’s credibility. Also, an affidavit cannot be cross-examined.
Again, affidavits can be used in many pre-trial proceedings, such as a motion for summary judgment where the only issue is whether a party has some evidence and the judge is not required to weigh its credibility. But they generally, with some exceptions. can’t be used at trial or at an evidentiary hearing where the judge or a jury has to weigh the evidence and make findings of fact.