News & Analysis as of

Hearsay Federal Rules of Evidence

Stange Law Firm, PC

What is hearsay in divorce and family law matters?

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Hearsay is an important legal concept that lawyers learn in law school. Under Federal Rule of Evidence 801, hearsay is an out-of-court statement offered for the truth of the matter asserted. Even many lawyers are often...more

Sunstein LLP

Watch Me Pull a Customer Out of My Hat: Proving Damages Using Your Customer’s Out-Of-Court Statement

Sunstein LLP on

Hearsay is simple enough to define – it is an out of court statement offered for the truth of the matter asserted. But practicing attorneys know that the definition of hearsay is deceptively complex. Questions like, “what is...more

Goldberg Segalla

Plaintiffs’ Motion to Exclude Defense Expert’s Hearsay Statements Granted

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United States District Court for the Eastern District of Louisiana; July 18, 2022 - Plaintiffs filed an asbestos-related lawsuit on behalf of Decedent, Callan Cortez, alleging that Mr. Cortez contracted mesothelioma as a...more

Butler Snow LLP

Back to Gumbo Basics: The Least Yall Could Do is Lay the Foundation(s)

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No visit to New Orleans is complete without a bowl of gumbo. There are many preferences, of course, but every great bowl of gumbo has the same foundation. It is of no consequence whether you prefer Dooky Chase’s savory, porky...more

Proskauer - Minding Your Business

Recent Change to New York’s Hearsay Law Could have Implications for Workplace Litigation

New York’s unique approach to evidentiary procedure – and specifically, its rules governing admissions by a party opponent’s agent – have frustrated litigators for years....more

McDonnell Boehnen Hulbert & Berghoff LLP

CRISPR Interference Parties File Motions to Exclude Evidence and for Oral Hearing

Junior Party University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (hereinafter, "CVC") and Senior Party The Broad Institute, Massachusetts Institute of Technology, and Harvard University...more

Pierce Atwood LLP

Law Court Adopts Integrated Business Records Exception to Hearsay Rule

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Late last week, the Law Court unequivocally adopted the integrated business records exception to the hearsay rule under Rule 803(6) of the Maine Rules of Evidence in The Bank of New York Mellon v. Shone. It held...more

Pierce Atwood LLP

Maine Law Court Adopts Integrated Business Records Exception to Hearsay Rule

Pierce Atwood LLP on

In The Bank of New York Mellon v. Shone, 2020 ME 122, ---A.3d---, decided October 22, 2020, the Maine Law Court unequivocally adopted the integrated business records exception to the hearsay rule under Rule 803(6) of the...more

Butler Snow LLP

Revisions to Rule 807’s “Residual Hearsay Exception” Modify Trustworthiness and Notice Requirements

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Federal court practitioners should be aware that, as of December 1, 2019, the Federal Rules of Evidence’s “Residual Hearsay Exception,” Rule 807, has been revised. The revisions are intended to create a more uniform standard...more

Holland & Knight LLP

Amendment to Residual Exception to Broaden Scope of Admissible Hearsay Evidence

Holland & Knight LLP on

The Federal Rules of Evidence usually deem all hearsay – out-of-court statements offered to prove the truth of the matter asserted – inadmissible unless the statement falls into one of the hearsay exceptions contained in...more

Husch Blackwell LLP

Changes To Federal Rules Of Evidence Broaden Hearsay Exception

Husch Blackwell LLP on

The United States Supreme Court recently amended Federal Rule of Evidence Rule 807, the residual exception to the hearsay rule. These amendments significantly broaden the scope of the exception, which may lead to the...more

K&L Gates LLP

Taking Care of Business: 1st Circuit Affirms Admittance Integrated Business Records

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The 1st Circuit Court of Appeals recently affirmed a district court’s ruling to allow in evidence a mortgage loan account history printout that included entries from two prior loan servicers as a business record exception to...more

Butler Snow LLP

Revisions to the Residual Exception Contained in Federal Rule of Evidence 807 Seek to Provide Clarity and Uniformity

Butler Snow LLP on

The residual exception in Federal Rule of Evidence 807 provides a vehicle for the admission of hearsay statements that are not otherwise admissible under Rule 803 or 804. As the Fifth Circuit has observed, though, the...more

Akin Gump Strauss Hauer & Feld LLP

The PTAB Holds That Testimony Concerning Customer Statements and Their State of Mind Constitutes Hearsay

On September 22, 2017, the United States Patent Trial and Appeal Board (PTAB) issued a final written decision regarding claims directed to a switching regulator comprising a power switch and a control circuit. The PTAB found...more

Patterson Belknap Webb & Tyler LLP

“Toxic” Hearsay Upends Murder Convictions for Member of Bronx Drug Trafficking Crew

In a rare move, the Second Circuit (Jacobs, Pooler, Hall) overturned Armani Cummings’s convictions for murder, conspiracy, and multiple drugs and firearms offenses. The Court reversed based on violation of the hearsay...more

Cadwalader, Wickersham & Taft LLP

The SEC Retains its House Advantage During Administrative Proceedings

Amendments to the Rules of Practice Do Little to Address Criticism that the Deck is Stacked - Facing pressure from industry practitioners and in the wake of constitutional challenges in multiple jurisdictions, the...more

Akin Gump Strauss Hauer & Feld LLP

IP Newsflash - October 2015

FEDERAL CIRCUIT CASES - Federal Circuit Remands Case For New Damages Trial in Design Patent Case - On Tuesday, September 29, 2015, the Federal Circuit remanded a case for a new damages trial in a design patent...more

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