My Testimony Vs Testimony Of One Testifying About Facts She Does Not Know First Hand

[spike1951]

What is the name of your state? FLORIDA

Just found out in my taking a deposition on the defendant who wrote a damaging letter about my wife and me to our doctor, that she does not know any of the damaging statements FOR A FACT HERSELF! She took everything she wrote in the letter from a meeting document from her subordinates.

If the subordinates are not at the trial to substantiate the statements as fact that the defendant wrote and I testify that they are not true UNDER OATH, are my statements given much greater weight than the letter of the defendant who has no one there to corroborate her statements.

BOTTOM LINE: FOR THE DEFENSE TO MAKE A CASE WILL NOT EACH OF THE DEFENTANT'S SUBORDINATES, WHOSE STATEMENTS WERE TAKEN ON FAITH BY THE DEFENDANT WHO WROTE THE LETTER, HAVE TO APPEAR IN COURT TO VERIFY THEIR STATEMENTS. IF THEY DON'T, CAN THEIR STATEMENT BE TAKEN AS FACT?

 

[I AM ALWAYS LIABLE]

My response:

You're talking about the "hearsay rules" of evidence. If you want your questions answered, you have a lot of reading to do - - statutes and case law.

Happy reading. It's a fun, but convoluted, subject.

IAAL

 

[spike1951]

I hope its not that confusing

For example, the Director said Nurse A made visits on A B C & D days. I have their records on my wife from this company that show only visits on A & D days, and Both my wife and I testify under oath that she only came on days A & D.

If the defense does not produce either records showing visits A B C & D or the nurse to say she did, (SHE IS LYING IF SHE SAYS SHE DID!!!) -- Doesn't the Judge have to assume for the trial evidence that I am the only one who supported their claim?

Would he not have to conclude on that part that she did not visit on days B & C?