Hearsay

[ajsaz]

State: Nevada
County: Clark

If a police officer is not in court to testify:

1) Is something the officer told me (and other people) hearsay?
2) Is a police report hearsay? (one I didn't sign) - [What if it said someone would do something, but not have details]

3) Is there a law that allows emotional distress/anguish to be claimed in court?

 

[latigo]

There are a number of exceptions to the hearsay evidence rule, but it is commonly defined as declarations that are made other than while the speaker is testifying at the trial, first having been sworn to tell the truth. And is subject to cross-examination.

Hence, the officer could testify in court as to the same information he told you, provided it is relevant, but you would not be permitted to testify as to what he said to you.

Again with a number of exceptions, the same hearsay exclusionary rule applies to statements that are transcribed or committed to writing - such as a police report. If the author has personal knowledge of the contents of the writing and it is relevant, the author can testify as to that knowledge. But the report itself is not admissible.

Your question regarding emotional distress, etc. is much too general to admit of an informative response. All I can say is that it can be an element of damages in certain tort actions. A tort is a wrongful act or an infringement of a right (other than under contract) that results in legal liability on the part of the wrongdoer.

However, it has to be specifically pleaded and proven to be the proximate result of the wrongful actions of the wrongdoer.

Here I sense that you are talking about throwing it in during a trial as afterthought, If so, it won’t work.

 

[ajsaz]

Good Info

Thanks for the info.

No, it is not an afterthought, I was looking for what to say
to improve my case.

Thanks

 

[ajsaz]

I had an a-- judge

I couldn't believe this judge,
he asked me to prove my son didn't do a specific thing.
He took a police report as gospel, even though the police officer wasn't in court, and police officer just took information from 1 party. He said that was a legal record.

The plaintiff couldn't keep their story straight.

He would not accept my victims statement to police as truth even though I was in court, and had witnesses.

Plaintiff had just a police report, and they won. No evidence of any damage, nothing. Just a receipt that they bought a new tire.

Guess who is not going to elected judge when his term comes up.

[I tried to get a different judge, or change venue but there is only 1 judge for the justice court, and that's that]

Any suggestions?
[This judge got pissed off at me a month earlier at a TRO hearing where I was trying to get TRO against this plaintiff. Why did he get pissed? Because I couldn't hear him. Yes I have a hearing problem. But my wife, who has perfect hearing also couldn't hear him most of the time.]