This preview shows page 1. Sign up to view the full content.
Unformatted text preview: he matter believed Hypo Creditor and a debtor...creditor dies and then his estate sues the debtor on the debt and the debtor's answer is I paid. The question is did the debtor pay the creditor (while he was alive in cash). Debtor says he paid him on June 1. o Estate has a witness which is the secretary of the deceased creditor to testify in July, the creditor said, send debtor
another bill. Is that hearsay? In common law yes. In Texas hearsay...verbal statement being offered to prove the thing believed even though non-asssertive 804 exceptions can use them if the declarant is unavailable (death is one way of being unavailable...can expand the number of hearsay exceptions available under federal law) Not hearsay under federal law Hypo: Victim of a deadly assault is brainwashed. Can't speak. Shown a picture of a defendant and he goes like this : Makes gun motion o Hearsay under all cases nonverbal assertion Hypo: Assault on a married woman which her husband witnesses. Testimony is that her husband is in the police station when the c...
View Full Document