Say it with me, we all know it. “A statement, made out of court, provided for the truth of the matter asserted.” Yes, we can all repeat the definition of hearsay in our sleep. It’s the application of the hearsay rule that’s trips up lawyers and judges alike.
In this incredibly insightful course, Paul S. Marks provides you with better organized framework for analyzing potential hearsay evidence that has been gleaned from over twenty years of trial practice. Paul will mainly cover the basic elements of the hearsay rule, oral testimony vs. written testimony & “The Hearsay Conundrum” and exceptions to the hearsay rule. Paul will also discuss why the hearsay rule is a lawyer’s dream, non-verbal conduct intended as communication, implied statements, quickly assessing possible hearsay statements, the veracity of the statement, using motions in limine to keep possible hearsay away from the jury, FRE 105 – Limited Admissibility, FRE 403 – Prejudicial vs. Probative and FRE 803(6) – The Business Records exception.
Paul Marks has practiced civil and commercial litigation in California for over twenty years. Mr. Marks has served as first chair trial counsel in over thirty cases that have reached verdict, about half of them being jury trials.