Houston & Alexander - August/September 2022

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have to take the stand and give their testimony for it to be acknowledged and used in a trial.

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. OBJECTION! THAT’S HEARSAY! But What Does ‘Hearsay’ Even Mean?

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 your attorney if you have any questions or concerns about what qualifies as hearsay. They will be able to guide you through the process and help you build a strong case.

The court must hear from the actual person who said it for it to be counted as evidence. Therefore, your friend would

“Back in October, I made the massive mistake of driving after some drinks at a concert because I felt like I was fine to do so. I was pulled over for gliding off the road for a second due to falling asleep, as it was very late, and taken to jail for the first time in my life. Despite some difficult facts of my case (BAC was over the limit at .11%), Mr. Houston was able to persuade the DA to reduce my charge to reckless driving. I want to thank Mr. Houston and the rest of the team for their hard work on my case and for giving me their best. If you need an attorney, hire these guys. They will shoot you straight and work hard for you.” –T.Y. our clients say it best

Happy Birthday Dexter! Dexter just turned 9 years old! He has been through a lot over his lifetime. He started out as the cute runt of the litter but tipped the scales at an even 100 pounds a year and a half later. He has had a hip surgery, knee surgery, and like his owner, has a bit of a bad back, BUT he is otherwise a healthy, happy guy and actually one cool customer as you can see from the picture.

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