1402

Attorneys might object to all 9 on the basis of hearsay. Each one repeats some portion of an out-of-court conversation. That’s enough. If it looks like hearsay, object.

Yes, it’s true that most things objected to as hearsay will eventually be admissible, but this is only true if the proponent is clever enough to figure out which of the 100 or so exclusions and exceptions might apply. If you don’t object, you are doing the other lawyer’s work for them, anticipating that they might have a good argument that the evidence should not be excluded by the hearsay rule. Why do their work? Make the objection and let the other lawyer try to figure it out. Hearsay is primarily a fight over the response to the objection, not the objection itself.

Questions? Email tanford@indiana.edu and refer to 1402

Let’s turn to steps two and three -- arguments about whether evidence meets the definition of hearsay.

In item 2, Newt testifies that Elvis said "How're you doing this fine night?" If the defense objects as hearsay, what is the best response? When you think you know the answer, click here.