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What evidence is admissible in small claims court? What is hearsay?

Phoenix, AZ |

What is hearsay? I have recorded phone calls, written testimony, written staements of events that occurred.

Is that evidence admissible in small claims court?

Is any of that hearsay?

If none of the above is allowed , as the attorney listed below, what is allowed? There is nothing left. I have signed, written statements, from workers, witnesses, etc. How is that hearsay. How would anyone know that in small claims court? Does it apply to small claims?

Attorney Answers 1

Posted

As a legal term, "hearsay" has the narrower meaning than what it means to a lay person. Use of the statement information as evidence to prove the truth of what is asserted is hearsay.

Such use of "hearsay evidence" in court is generally not allowed. This legal prohibition is called the hearsay rule.

Any out of court statement, document, audio recording, phone call, written statement is hearsay IF you intend to use that at trail for the truth of the matter asserted therein.

Definition -- "Hearsay" is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted" See, Federal Rules of Evidence

So, all of what you are mentioning is hearsay and you need to uncover an applicable hearsay exception.

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