Thread: Hearsay Rules
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Old 03-08-2006, 08:40 PM
logicalvelocity logicalvelocity is offline
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The other thing I would add to this is if your recalling something from memory
ie: incident, event or a statement made by the opposing party etc; it is best to word it

"something to the effect of" this leaves the window open for error if it did not happen or they did not say the exact words you have written in an affidavit. What you are describing is the effects of same after the fact.

No one has a perfect memory and one's recollection can change over time

A person's memory can easily be broken down on cross examination. An opposing lawyer can simply ask a person driver's license number or sin number to show how bad their memory really is. These are every day documents that a person has. If one can't remember Their own personal document number, How is one going to remember every detail of an incident. A court may not allow this type of questioning as it is irrelevant, but a lawyer could easily show it is relevant on one's memory recall skills.


Last edited by logicalvelocity; 03-08-2006 at 08:46 PM.