Hearsay objection là gì

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The defamation trial between Johnny Depp and Amber Heard is being streamed live on YouTube and other outlets, meaning millions of people are ditching regular TV and tuning in.

Depp is suing Heard, his ex-wife, for $50m (£42m) over an article she wrote in The Washington Post in 2018, in which she described herself as a “public figure representing domestic abuse”. She then counter-sued him for $100m (£80m).

Many details from the trial are grim. The former couple, who were married from 2015 to 2016, both accuse the other of being physically violent during the relationship. They each deny the other’s claims.

However, there was a moment of light relief in Fairfax County Circuit Court on Monday when Heard’s lawyer accidentally objected to his own question.

Why did Amber Heard lawyer object to the question he asked to Johnny Depp's Butler??? Hmm! pic.twitter.com/H1F7nUI29g

— HRH Itziar Ituño 🦌 (@HRH_ItziarItuno) April 26, 2022

What did Amber Heard’s lawyer do?

The attorney was questioning Ben King, Depp’s house manager, during Monday’s session.

He was recalling an incident in which Depp’s finger was partially severed in 2015. Depp claims this happened when Heard threw two bottles of vodka at him, while Heard’s lawyers say he injured the finger himself.

Her representative asks Mr King: “You didn’t know what could cause damage to Mr Depp’s hand while you were there on 8 March, correct?”

Mr King begins to answer, but Heard’s lawyer quickly interjects with “objection, hearsay”.

“But you asked the question,” Judge Penney Azcarate responds.

This prompts laughter from Depp and his team, while the actress’s lawyer stumbles before moving on.

What is a ‘hearsay’ objection?

“Hearsay” is broadly defined as testimony or documents that quote people who are not present in court.

When the person being quoted is not present, establishing credibility becomes impossible, as does cross-examination.

For this reason hearsay evidence is inadmissible in court.

Gerald Oginski, a New York malpractice lawyer, explains on his website: “When a witness is testifying and is asked a question about a conversation he overheard or participated in, he may say, ‘John told me that the driver went through a red light and caused the accident’.

“The moment he says ‘John told me…’ the attorneys know and the judge knows that what he is about to say next is a comment from someone who is not currently in the courtroom and may not be called to testify at trial. That’s known as ‘hearsay’.

“The judge will rightfully stop a witness from telling the jury about anything he overheard from someone who is not in court and not planning to testify about those comments.”

“Objection, Hearsay!”: What Does It Mean and How It Relates to Your Charlottesville Personal Injury Case

In a Virginia personal injury case or wrongful death case, hearsay can be a defining factor in the court room. It is a straight forward concept with many complex exceptions. Hearsay is evidence in court that is a statement made out of court being offered for the truth of the matter asserted. The statement rests upon the credibility of the person who made the out-of-court statement. Hearsay evidence is not admissible because there is no way for the opposing party to cross-examine the person who made the statement out of court.

While the general rule is that hearsay is not admissible, there are many exceptions to that rule. Some examples are:

• Admission about a party opponentis a statement by the defendant or plaintiff against their own interest.
• Present sense impressionis a spontaneous excited statement provoked by a startling event, describing that event contemporaneously.
• Existing mental, emotional and physical condition pertains to a statement of the declarant’s then existing state. The declarant’s condition may grant insight into the case, revealing intent, motive, pain or bodily health.
• Business recordsare not considered hearsay if they are records kept in the ordinary course of regularly conducted business activity and there is a regular practice to keep such records.
• Public records and reports, such as police reports, and records of vital statistics, such as birth or marriage certificates, are also admissible in court.

If the declarant is unavailable, there are some other exceptions to the hearsay rule and some statements may be admissible. Examples of these exceptions are:

• A former testimony that was given under eyes at a hearing or deposition is admissible in court.
• A statement made under the impression that death was imminent and therefore conditions regarding their life were non-essential is admissible.
• A statement against interest is a statement made by a declarant against their own interest and possibly subjecting themselves to criminal liability. If the information is proven reliable, it is admissible.

While the general rule is that hearsay is not admissible, there are many, many exceptions and additions to those listed above. Many cases hinge upon whether a statement is admissible to be heard by the jury.

This is just a quick overview of the hearsay rule. It is certainly not all-encompassing. In law school, a significant amount of time and attention is spent making future lawyers understand the importance and significance of the hearsay rule as it is complex and may one day be vital to a case.

So, the next time you’re watching reruns of Law & Order and the prosecutor says “Objection, hearsay!”, you will have a better understanding of what that means.