How to Get Hearsay Admitted in a Family Law Case
When it comes to family law cases, hearsay is a big issue. It refers to any statement or piece of evidence that is offered as proof of what another person has said, or what they have observed. It can include statements by family members, friends, neighbors, co-workers, teachers, therapists, doctors, or police officers that get offered in written statements that get filed before a hearing.
(Looking for an “attorney for writing a will“? Contact us Today!)
Hearsay is usually inadmissible as evidence at a divorce or matrimonial proceeding because it is not proven. Typically, if someone mentions something that they heard a third party say and it is not proven, the challenging divorce lawyer will state an objection to that hearsay and the judge will typically agree.
The rules of hearsay are very specific and can be difficult to understand. But it is important to know the rules because there are certain exceptions to the hearsay rule that allow for some type of hearsay evidence to be admitted in a family law case.
Exceptions for Hearsay
One of the most common types of exceptions to the hearsay rule is called the “evidence of fact.” This type of evidence is admitable as long as it can be shown to be relevant and reliable. It may also be admitted if it falls within one of the other exceptions that are discussed in this article, such as admissions by witnesses or a witness’s out-of-court statements about what the witness says outside of the courtroom.
There are many other types of hearsay that can be admitted in a family law case, but the majority of them fall within one of the exceptions that are listed below. If you are wondering whether any particular type of hearsay is admissible in your case, it is best to consult with an experienced family law attorney to find out.
Admitted Exceptions for Hearsay
A common type of exception to the hearsay rule is called the “evidence of fact.” This is usually an important type of evidence in a case because it is often the basis for how a trial judge will decide a case. It can also be useful for parties in a case to provide their lawyers with information they need to make an informed decision about whether or not to present a witness at trial.
Another exception to the hearsay rule is called the “admission of a witness.” This is an important type of evidence in family law because it can be used to prove an opposing party’s credibility. It can be especially helpful in custody cases where parents may need to show that a child’s behavior is not their fault, or that they are not responsible for it.
This can be particularly helpful when it comes to cases where the parent wants to use the child’s out-of-court statements as proof that they did not hit the other parent. It can also be helpful in cases where a child has a history of abuse or neglect, which is an issue that is often raised in custody disputes.