In researching an upcoming court case* I keep coming upon the phrase “in the very specific circumstances in which hearsay is admissable in court.” But nowhere can I find a list or even a discussion of what those circumstances entail.
Certain things that my daughter has said, and a picture she drew are crucial to the judges understanding of the case, and I wish very much to be allowed to show/repeat them to her.
What are the “specific circumstances” under which hearsay is admissable? Or where can I look to find a scholarly discussion of them? Virginia Family Court if it matters.
Needless to say this pretty important, so please take any snark elsewhere if you are in a mood. Thanks.
No I’m not the defendant;
Yes, I have hired a lawyer;
No I will not follow your advice unconditionally as if you were my lawyer or hold you in any way responsible for any answer you may give;
Yes, I acknowledge that this is a generic answer, based upon no prior knowledge of the case;
Once, long ago, I ran across a law student drill program that tested how well you could object. It included the five or six exceptions to dismissing heresay. The only one I can remember now is dying utterances. You can testify to hearing someone say something as they were dying, because they can’t be called to testify directly.
Why can’t the picture just be introduced as evidence at trial? It’s a physical object, and you imply that you still have it, since you have the option to show it to the judge (that’s the “her” in question, right?). Or does evidence work differently in Family Court?
Well, I’ve been told that there is no proof that she drew it, (I may have a way around that) and that my telling them who she said the figures represent (which is vital) would be hearsay.
Here are Kentucky’s rules on exceptions to the hearsay rule. Kentucky’s rules are based on the Federal Rules of Evidence, as are most states, so these are probably a pretty standard example.
Sorry to hear - it sounds like an unpleasant case (unless I’m assuming the worst). IME, it helps having a LEO ask the kid if she drew the picture - right or wrong, the civil servant card is a strong one. It’s also cheaper than hiring an “expert” shrink to come in and ask “Susie [obviously fictionalized name], did you draw this picture?”
Aren’t there instances where a child that young wouldn’t testify in open court, but in a closed “court” like judges chambers or similar to what they did or experienced. I would also assume that for a child that young Child Services would also be in on what is acceptable or unacceptable for something like this.
It would be lovely if LE or CPS would get involved, but I have been informed on numerous occasions that they don’t have the necessary resources even to protect the children who are in immediate danger, and certainly can’t put time in to a case where the Mother is keeping the child safe. The fact that the court may order me to put her in an unsafe situation if they don’t get involved seems to have no effect on them.
Yes, it’s a complete nightmare. It could be worse, but not by much.
Thank you all for taking the time to answer, it means a lot.
If you have an attorney, why are you researching things and trying to figure out how to get evidence admitted?
Logically, you either a) believe your attorney is bad at her job, in which case you should fire her and get a new one, or b) your lawyer is good at her job, and has good reasons not to get so excited about a picture.
It’s kind of like the sign you sometimes see in a plumber’s office:
Labor: 100 an hour
Watching me fix it: 200 an hour
Helping me fix it: 400 an hour
Also, in family court it’s usually Petitioner and Respondent, not Plaintiff or Defendant.
The rules of hearsay do not apply the same way in every type of court setting. In some more informal settings, hearsay is admissable without falling into one of the exception categories.
However, when the rules of Hearsay do apply, there are a whole bunch of categories of Hearsay Exceptions under the Federal Rules of Evidence (24, 26? something like that). Brought to you in rap form, here:
As noted, not all jurisdictions follow the FRE, but most follow at least parts of it. You need an attorney qualified in your jurisdiction to tell you what exact rules apply.
b) perhaps, but I don’t wish to pay $350 per hour to grill him about it
and yes, but the notes above were meant to be a shorthand way of communicating to anyone who might be trying to read between the lines.
I started a long answer to this but decided that I don’t wish to get into it. I’m a Doper, and therefore predisposed to personally research my problems and to try to understand what’s happening around me. Please stop trying to psychoanalyze, that’s not what this thread is about.
Thank you very much to all those who answered on topic, this has been exactly what I needed to get past the road block I kept hitting.
To my understanding, hearsay is admissible in a termination proceeding (when the state is seeking to remove the parental rights of a child), but I haven’t tried it yet so don’t quote me on that.
