Jules Epstein Impeaching the Invisible Witness: Making Use of Rule 806
Lawyers fight tooth and nail over whether a particular statement is admissible hearsay—is it an assertion; if so, is it offered for its truth; and if both conditions are met, is there a hearsay exception that permits it to be heard or seen
March 24, 2021 at 01:51 PM
4 minute read
Lawyers fight tooth and nail over whether a particular statement is admissible hearsay—is it an assertion; if so, is it offered for its truth; and if both conditions are met, is there a hearsay exception that permits it to be heard or seen. And then they stop. But as a recent Pennsylvania Superior Court opinion makes clear, the judge's decision to allow the hearsay testimony in no way precludes a lawyer from attacking it.
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