1406

I would argue that this testimony is not hearsay because it is not offered for its truth. No one cares if Elvis really lives in Mt. Judea. It is part of a conversational encounter the witness had with Elvis, offered to prove that Elvis is alive. If he can show up at a gas station and have a conversation, he must be alive.

Note that it does not matter whether the witness directly quotes the declarant, as in items 2, 3 and 4, or whether the witness summarizes or paraphrases the declarant, as in item 5. Both are treated the same for hearsay purposes.

Questions? Email tanford@indiana.edu and refer to 1406

In item 6, Elvis looks at Newt and asks, "You’re a lawyer, aren’t you?" If the defense objects as hearsay, and the plaintiff responds that this is not an assertion, but only a question, can you come up with an argument the defense could make in reply? When you think you know the answer or have given up, click here.