Tag Archives: Fool proof hearsay test

HEARSAY v. NON-HEARSAY: THE FOOL-PROOF HEARSAY TEST (14-15)

QUESTION: What legal analysis should the court apply when asked to rule on the admissibility of an out-of-court statement?

ANSWER: If you have ever read “Alice in Wonderland” you would be wise to follow the King’s advice to the white rabbit and always “beBatman.hearsaygin at the beginning.” In other words, when asked to rule on the admissibility of an out-of-court statement, instead of assuming the statement is hearsay and skipping directly to the hearsay exceptions (which is what most of us do), it is usually best to take a step back, go to the beginning and ask the threshold question: is this out-of-court statement really hearsay? The answer isn’t always clear. Many statements that initially appear to be hearsay, on closer examination, actually are not. In order to make that determination I suggest you apply the following FOOL-PROOF HEARSAY TEST. 

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PendletonUpdate14-15

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GUARDIAN AD LITEM (GAL) REPORTS AND THE FOOL-PROOF HEARSAY TEST (13-08)

QUESTION: GAL reports usually contain “out of court statements” made by various third parties including the child(ren) at issue, such as “I saw daddy punch mommy in the face.” What legal analysis should the court follow if an attorney objects to the admissibility of such statements on hearsay grounds?

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Pendleton13.08-GAL_Reports-The_Fool-Proof_Hearsay_Test