Hearsay - Photo Credit Skibalaw.com
Hearsay – Photo Credit Skibalaw.com

What is Hearsay?

Hearsay is something that you have heard from someone else. You cannot use hearsay evidence in court.

***Nor with Steve Shorr Insurance

For example, you cannot talk about a conversation between your sister and ex-partner, which happened when you were not there.

***Or what some CSR – Customer Service Representative told you over the phone or something that happened 10 years ago…

There are exceptions to this rule. Evidence about a conversation might be allowed if it is to work out the time and place of an event or why a person acted in such a way.  So, you can say that a conversation took place, but not what was said.

You can also call the person who made the statement as a witness so that they can provide evidence. Legal Aid Victoria.Gov

***I’m only interested if they can cite the exact law, rule or Insurance Company bulletin where it says it!

More legalize definition

Hearsay evidence is evidence of a statement that was made other than by a witness while testifying at the hearing in question and that is offered to prove the truth of the matter stated.   Evid. Code § 1200 a (The 24 exceptions in the federal rules that do not require a showing that the declarant is unavailable are listed below.  Analogous provisions in California’s Evidence Code are also noted. Criminal Findlaw Hearsay

Resources

Learned treatises used to question an expert witness. Dicarlo Law

Findlaw.com – Hearsay  & 6th Amendment

Findlaw – Rules of Evidence

Hearsay Graphic Flow Chart

 

Our feelings on the situation

We resent it when our Insurance Clients – try and tell us the wrong information that someone on the phone is alleged to have said.  This caused me a ton of grief in my HOA when State Farm sent a letter that our building values were going to double.  Thus, the premium would just about double.  It took me and the State Farm agent a year to explain it to the Board of Directors.  The Board never understood what they were being told….and were putting in the minutes, what the president said the State Farm agent said.  Not the actual printed things!  It took a year!

 

Here’s someone who made a comment on our website and I went in and added the exact links to show that they really had the correct answer!

 

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