What is "Hearsay?" NY Medical Malpractice Attorney Gerry Oginski Explains

http://www.Oginski-law.com

Hearsay is an out-of-court statement being offered to prove, most often, the truth of the statement. It typically happens when a witness is at trial and is asked a question. The witness then starts to respond by saying "John told me that..."

The problem is that John is not in court and may not come in court to testify. Since the attorneys did not have an opportunity to question John's credibility, the court will prevent this witness from talking about what John told her.

If John comes into Court and testifies, then the defense attorney would have an opportunity to question his credibility and John would be allowed to talk about his personal knowledge and observations.

However, the court will not permit a witness to talk about what someone else told them. That is known as hearsay.

If the witness is talking about a conversation that she had with the person who is being sued (the defendant), then she will be allowed to discuss it, and that would not be considered hearsay.

The reason is because all attorneys in the case will have had an opportunity to question the necessary witnesses prior to trial in the form of a deposition, which is basically a question and answer session under oath.

Watch the video to learn more.

To learn more about how accident cases work in the state of New York, I encourage you to explore my educational website, http://www.Oginski-law.com.

If you have legal questions, pick up the phone and call me at 516-487-8207 or by email at lawmed10@yahoo.com. This is what I do every day and I'd be happy to chat with you.

Law Office of Gerald Oginski
25 Great Neck Road, Ste. 4
Great Neck, NY 11021
516-487-8207
lawmed10@yahoo.com

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