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Definition
Hearsay
- what someone claims he or she was told by someone else.
Application in Divorce
Hearsay
evidence
generally cannot be used as
evidence
in a
trial
, but there are exceptions to the rule. However, in divorce actions, judges have "heard it all" many times.
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Questions & Answers
What is hearsay?
Hearsay can be a very complicated area, which can even trip up lawyers and judges, but generally speaking, hearsay is evidence that is based on the reports of others rather than the personal knowledge of a witness. Hearsay is not admissible in court. An example of hearsay would be having a witness at a trial say, "I heard from Joe’s mom that Joe was at the movies that night." In this case the witness has no personal knowledge that Joe actually was at the movies, he’s just repeating what someone told him. If it’s important to the case to have the word of Joe’s mother, the lawyer should get her in court, because then she can testify from personal knowledge.
Contributed on 9/10/2007 by:
Divorce Source, Inc.
Allentown, PA[Total Submissions: 60]
Category:
Court Proceedings
(Applicable in All States)
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FastFacts
#244:
If a divorcing wife is pregnant, child custody, visitation, and child support arrangements must be made just as if the child was already born. If the husband is not the father, the judge will typically address this on a case-by-case basis with the requirement of a paternity test.
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