Kevin Patrick Law - August 2022

BUT WHAT DOES ‘HEARSAY’ EVEN MEAN? Objection! That’s Hearsay!

Johnny Depp took Amber Heard to court and sued her for defamation of character because of her op-ed to The Washington Post, which cost Depp several brand deals and movie opportunities. Heard’s lawyer said that almost everything Depp said was hearsay during his testimony, but what is hearsay? The technical definition of “hearsay” is “an out-of-court statement admitted for the truth of the matter asserted.” In other words, it’s a statement that an individual says is something that another person said. For example, the sentence, “ My friend told me she saw the accused around lunchtime.” This is hearsay because you did not see that person with your own eyes.

Therefore, your friend would have to take the stand and give their testimony for it to be acknowledged and used in a trial. WHEN IS A STATEMENT CONSIDERED HEARSAY? Under the Federal Rules of Evidence, the judge will use a three-step process. A statement is classified as hearsay if: 1) it’s an asserted statement; 2) the declarant (the person you are referencing) is not in court; and 3) it’s offered to prove that a statement is true. The rules against hearsay are implemented so the person testifying can’t use a statement as a fact unless the person who allegedly made the comment to them can be brought to court to testify. Think of it this way: You will not be able to get to the truth

of an issue if you only spoke in “he said, she said” dialogue.

DOES IT ONLY COUNT AS HEARSAY WHEN YOU’RE MAKING A STATEMENT? No! If an attorney asks you a question while testifying, like “Can you read me what the text said?” the other side can object to hearsay. Evidence can also be qualified as hearsay, but there are some exceptions. Look at your state’s rules of evidence for a complete list of exceptions. There are many technicalities regarding hearsay, and it can be difficult to understand. Contact us if you have any questions or concerns about what qualifies as hearsay. We will be able to guide you through the process and help you build a strong case.

The court must hear from the person themself for it to be counted as evidence.

Sweating for a Fallen Soldier KEVIN COMPLETED ‘THE MURPH’!

Do you remember Lt. Michael P. Murphy? He was a U.S. Navy SEAL who died in combat in Afghanistan on June 28, 2005. He was also a hero! Michael gave his life to protect his team of fellow soldiers. They were surrounded by the Taliban, but he left cover and exposed himself to gunfire to contact Bagram Air Base for help. The enemy shot him, but still, he managed to make the call and fought long enough for one of his team members to escape. In 2007, he was posthumously awarded the Congressional Medal of Honor — the highest decoration the military can give. Kevin first heard Michael’s story years ago during CrossFit training. That day’s regimen included a workout called The Murph Challenge created in Michael’s honor. The Murph includes a 1-mile run,

100 pull-ups, 200 push- ups, 300 squats, and another 1-mile run — all done while wearing a 20-pound weighted vest or body armor. It’s a CrossFit tradition to complete The Murph on Memorial Day,

had the occasion to meet him, but I’m looking back at his life and legacy, and this is a way to honor his sacrifice.” This Memorial Day, Kevin took on The Murph Challenge again! His young son — also named

and the workout has become a movement. Athletes all over the country register for the challenge online, complete the workout for charity, and record their time in Michael’s memory. Kevin jumped on board. “It’s neat to see how one workout has inspired so many people to really honor a fallen soldier,” Kevin says. “I have a great deal of respect for Michael Murphy. I never

Michael — even joined in for the

last leg of the final mile run. For Kevin, The Murph was a way to salute Michael Murphy’s memory and protect his own health at the same time. To learn more about Michael Murphy and register for The Murph Challenge, visit

You can always reach Kevin directly at 404.566.8964 or (If you ever need it, his cellphone is 404.409.3160.)

2 • KEVINPATRICK.LAW I 404.566.5880

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