• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Hearsay Exemptions

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

HCallahan

Junior Member
GA
I am currently being sued for property damage to a laptop and I am looking to use a letter as a defense in addition to a witness at the trial.

The plantiff claims I broke into her computer and installed viruses on it. We were currently deployed on a military installation, and the matter was brought to our leadership. My Master Sergeant brought it to a computer technician to look at, and the tech found nothing wrong with it. The plantiff claims that the computer technician did find something wrong with it.

I have a memoradum of record from this MSgt about the incident which includes that he was told nothing was wrong with this laptop. This MSgt is currently in another state and cannot make it to trial to testify about what he was told. Would this letter be admisable in court? Would it help if the letter was noterized or anything?

If not, then does her claim that another person found something wrong with her computer also fall under this hearsay rule? This is her only "evidence", and my witness and this letter contrict this claim. Can I also say that her claim about the tech's findings is hearsay and therefore not admisable?

Thank you, and let me know if further details are required.
 


Ohiogal

Queen Bee
GA
I am currently being sued for property damage to a laptop and I am looking to use a letter as a defense in addition to a witness at the trial.

The plantiff claims I broke into her computer and installed viruses on it. We were currently deployed on a military installation, and the matter was brought to our leadership. My Master Sergeant brought it to a computer technician to look at, and the tech found nothing wrong with it. The plantiff claims that the computer technician did find something wrong with it.

I have a memoradum of record from this MSgt about the incident which includes that he was told nothing was wrong with this laptop. This MSgt is currently in another state and cannot make it to trial to testify about what he was told. Would this letter be admisable in court? Would it help if the letter was noterized or anything?

If not, then does her claim that another person found something wrong with her computer also fall under this hearsay rule? This is her only "evidence", and my witness and this letter contrict this claim. Can I also say that her claim about the tech's findings is hearsay and therefore not admisable?

Thank you, and let me know if further details are required.
Is this in state court or military court? If state court, the letter would not be admissible as it is hearsay. Who is your witness?
 

tranquility

Senior Member
I know nothing of the military, so, when you say "memoradum of record", what is that? Is it a report that is normally taken and filed by the military and kept by them as a regular course of business and not in anticipation of litigation?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top