1805

The oral representation of the attorney is not sufficient to establish unavailability. It is not evidence. The attorney lacks personal knowledge of the underlying facts. It is also doubtful that the statements of non-medically trained people could establish that a witness was too ill to attend. Therefore, the hearsay statement of Elizabeth herself could be considered by the judge, but would not be sufficient to establish that she was too ill to attend.

There is a difference between admissibility of an individual item of evidence, and whether the item by itself is sufficient to establish a legal standard.

Questions? Email tanford@indiana.edu and refer to 1805

Problem 18C. A witness is unable to remember the condition of the traffic signals. The attorney offers his deposition into evidence. The defendant objects that it is hearsay. What response by the plaintiff? When you think you know the answer, click here