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  • Hearsay?

    Quick question: Would something like this constitute as hearsay evidence: "The "professional person"
    recommended that <xxxxxxxxx>"bla bla bla"?</xxxxxxxxx></professional>

  • #2
    Quick answer is yes. Anything someone else says/recommends would be hearsay. You would have to get it in writing.

    If it was a general statement that just gave the judge an idea of what's happening, he may accept it. If it is something you are using as your evidence to help your case, then I doubt it would be allowed.

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    • #3
      Originally posted by HappyDays View Post
      Quick answer is yes. Anything someone else says/recommends would be hearsay. You would have to get it in writing.

      If it was a general statement that just gave the judge an idea of what's happening, he may accept it. If it is something you are using as your evidence to help your case, then I doubt it would be allowed.
      Thanks HappyDays. Would you know the rules that surround/govern hearsay evidence?

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      • #4
        You can't let affidavits get to you. The following article is an excellent resource that explains the rules pertaining to affidavits. What one has sworn to in an affidavit is what he/she believes to be true, not what in fact IS true. If they need to rely on the purported evidence they best be prepared to back it up.

        http://www.oba.org/en/pdf/sec_news_f..._Not_Niman.pdf

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        • #5
          Here's another thread on it: http://www.ottawadivorce.com/forum/f...say-rules-660/


          I'm not sure, so someone please correct me, but I think it makes a difference of where you got the information from. If person x, tells something to person y, who in turn tells you, then that is not allowed. But if the doctor tells you something directly, I believe you can mention it as "this is what I was directly told and believe to be true..."

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          • #6
            When you swear an affidavit you are stating that you heard such a thing was said. However you cannot swear that what the other person said was true or not; they may be lieing, they may not remember correctly, they are mistaken in their belief, etc. The other person's statement needs to be subject to cross-examination, so your evidence is hearsay.

            In the cases I have read, a judge will accept it if one of the parties states that they heard a statement, but may not give it a lot of weight if the other party contradicts. What is not admissible is a statement from a third party that they heard something said.

            There are exceptions, such as if someone heard someone make a criminal threat. In this case, it doesn't matter if the speaker was kidding; making a verbal threat would be a criminal act in itself.

            When a professional gives you a studied opinion or a diagnosis, then this can be taken as factual evidence. Their professional credentials make them an expert and their words carry weight. So if you swear that you were told something, this carries more weight than gossip you heard from a neighbour. Such a statement from you would be admissible, however you are better off getting a statement directly from the doctor.

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            • #7
              Originally posted by Mess View Post
              When you swear an affidavit you are stating that you heard such a thing was said. However you cannot swear that what the other person said was true or not; they may be lieing, they may not remember correctly, they are mistaken in their belief, etc. The other person's statement needs to be subject to cross-examination, so your evidence is hearsay.
              So, if i say "The counselor recommended that...." or "The Counselor's message was...." this would be hearsay?

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              • #8
                If you had a letter from the counselor, then there would be no issues.

                You can try saying "the counselor's professional recommendation was...", but it may not be accepted or do any good if your ex says it's not true.

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                • #9
                  Again, when you speak to a professional you are getting a statement from them with the weight of their credentials behind it. You DO have every reason to believe it is true and fact based. You are then swearing that, for example, the doctor gave you such a diagnosis.

                  If the other party contradicts you, this has nothing to do with hearsay. It is not hearsay because someone contradicts you, it is hearsay because, in day to day life, you have no idea if things people say to you may be true. It is not information you are directly knowledgable of.

                  If the other party contradicts you it is just that, a contradiction. It is no different than you saying "The car was scratched when she drove up" and her saying "He scratched my car when I arrived." That is nothing to do with hearsay.

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