1807
The court should rule that the recording is hearsay. It is an out-of-court statement asserting facts offered for their truth. The medium delivering the message (paper, video or witness) does not matter.
Questions? Email tanford@indiana.edu and refer to 1807
Problem 18E -- is the deposition admissible as former testimony against Big Red if the lawyer doesn’t show up? If Big Red objected that because their lawyer could not attend and the plaintiff’s lawyer did not reschedule, there was no meaningful opportunity to cross-examine, how should the judge rule? When you think you know the answer, click here.