Can I testify in court to something my friend told me she did, even though I never saw her do it?

Question

My friend told me some things she did with another man at work but I never saw it.  Can I tell the courts or press or is that slander/ libel/ hearsay, etc?

Michael Palumbo · Answer

No.

Mark Smith · Answer

NO.

Mark Bruce · Answer

You mean can you lie to a court and say you saw something you didn't see? No, that's perjury.  Can you be required to testify that your friend told you these things?  Yes.  That's called a party admission.

Michael Clinton · Answer

You can testify that your friend told you about an incident.  Just make  sure there is no question that you have no first hand knowledge of the  event.

Jared Winter · Answer

It could be slander.  It could be hear say.  It also might not be either.  Unfortunately, there are rarely simple answers in the law, and your question is a good example of this.

Ward McDonough · Answer

It is hearsay but if no one objects, the court may let the statement into evidence. There is several rules (exceptions) for the admission of hearsay. If the lawyers are involved, you can bet they may object.

Gregory Casale · Answer

The courts will not allow statements that were made out of court that are presented to suggest that what was then said was true. This is considered Hearsay and is NOT admissible in court. There are exceptions to the hearsay rule and depending on what she said, it may be within one of the exceptions. Speak to an attorney directly about this if you care to.

S Hunter · Answer

Yes you could testify against someone in court if that testimony was being used against the person who told you. It is not slander or lible unless you are lying about what you were told.

Jared Altman · Answer

If it's against her then yes.

Michael Doland · Answer

If sworn as a witness, you can answer the question. The opposing legal counsel will have the chance to object on the grounds of "hearsay". There are exceptions to the hearsay rule which may cover your situation. Most important for you is to truthfully answer all questions and let the judge (not yourself) rule on admissibility.

Jon Buchholdt · Answer

No.  Such testimony would be disallowed as hearsay testimony.

Leonard A. Kaanta · Answer

It is hearsay, but it is admissible as a statement by a party opponent.

Matthew Birk · Answer

Yes.  Your friend's statement is probably an admission and not hearsay so your testimony would likely be admissable.

Larry Dunn · Answer

Generally speaking any statement made by another person outside a court is   considered hearsay. There are many exceptions to the hearsay rule. If the   statement is made by a person who is charged with a crime, the statement can  be  admissible in court. If the statement is true it is not slander.

Dennis P. Mikko · Answer

What someone else told you is hearsay unless it was from a party or there is an exception to the hearsay rule.  Telling the information to the press is a good way to find yourself on the receiving end of a slander lawsuit.

Michael J. Breczinski · Answer

Is your friend a party in a lawsuit? If then it is not hearsay and can be testified to.

Charles Perry · Answer

The question of whether you "can" testify is complicated.  If called   as a witness in a legal proceeding, you will need to answer honestly   all questions you are asked, unless you assert a privilege.  Right   now, I do not know if the statements your friend made to you are   relevant to the case, or are inadmissible because of the hearsay rule   (a complicated rule of evidence).  If asked and told to answer,   however, you must repeat what you believe your friend told you, and   you will not get into trouble.  If the judge tells you not to answer a   question, then you should refrain from answering.  Talking to the press is a completely different question.  While you   have a legal obligation to testify if called as a witness, you don't   have an obligation to talk to the press.  Your friend can easily deny   saying what you think she said, or say you misheard, or you   misconstrued.  Talking to the press thus carries risk of personal   liability that testifying in court does not.

Terry Nelson · Answer

If you are interviewed by authorities or attorneys, or subpoenaed as a witness to court, give truthful answers and let the court sort out what you can and can not testify.  Other than that, why would you spread scandal and risk being sued, or worse.

Kevin Bessant · Answer

You will likely not be able to testify to this matter in court because  this would be considered a hearsay out of court statement.

George Derieg · Answer

I don't know in what reference you would tell the courts or the media. You should be able to tell the courts this in certain situations. Not to prove she did those things with the other man, but to prove she said those things to you, this is an exception to the hearsay rule.  As for slander and libel, slander is spoken, and libel is printed. If your friend really told you these things, you can say what she told you to the media, or print it. You do run the risk of beng sued, but the number one defense to slander or libel is the defense of the truth. If however, this is not true, then you have quite a lawsuit on your hands. Tread carefully, hire an attorney to advise you in this situation.

James Gandy · Answer

As for court/testimony - if your friend wants you to say that you saw or experienced something that you did not, that is perjury or lying under oath.  If she simply wants you to repeat what she said, that would be hearsay and could be admissible under some circumstances.  As for the press - your statements to any third party could be slander (or, if recorded, libel).  It depends if it hurts the person's reputation.

Jeffrey Pollock · Answer

That would appear to be classic "hearsay," so "No."

Robert De Groot · Answer

Yes you can testify in court about what someone told you they did. But the best thing for you to do, depending upon the facts and circumstances, is probably to back off.

William Sanders · Answer

Statements made by a person that are detrimental to themselves are known as ADMISSIONS AGAINST INTEREST, and are admissible as an exception to the hearsay rules.   It is not slander/liable, if it is the truth.   Did you say this is your friend.

John Brennan · Answer

Tell what was set only in court. You can relate what a party admitted to you.

James Schoenberger · Answer

That would be hearsay and you would not be allowed to testify in court to things you did not acutely see or hear from the defendant.

Michael Morgan · Answer

A statement by a party or a statement against penal interest normally overcomes a hearsay objection

Gary Russell · Answer

Slander and libel only apply to making false statements. While testifying to what another said can be hearsay, that is only if that person is not available to testify. Also, statements made by a party to a trial/admissions are not hearsay.

Thomas Edward Gates · Answer

You cannot testify, as that is hearsay.  Slander and liable deal with telling an untruth to a third party.

Ernest Lee · Answer

Friend:  It depends on the context. If it is not in the context of a trial or litigation testimony it is not hearsay because hearsay is a litigation or testimonial concept.  Further, if your statements  are true, you generally can tell it to the world and it is not slander because truth is an absolute defense against defamation of which slander is a sub-species.  On the other hand, if you want to make your statement in the context of trial or litigation testimony it is 'hearsay' but , in the format or manner in which  you heard it, it is being used in a permissible, non-hearsay, use IF it is offered into evidence by a party against your friend. This is because it is something your "friend" admitted. Therefore, if it is called an admission offered by party opponent (the party opponent being the party against your friend). It may also be admissible as a permissible, non-hearsay, use , as a statement against, (your friend's) interest.    AS you see, the Hearsay Rule, as is much of the law, Is complicated. Thus you need an attorney if you plan of suing someone.

Stephen Freeborn · Answer

No.   It would be hearsay; unless, your friend is the defendant in the case, in which case it might come in under the declaration against interest exception to the hearsay rule.  Without knowing both the content and the context of the statement, I cannot say with certainty.

Eric Sterkenburg · Answer

Telling about something you were told that you did not witness is hearsay. Hearsay is not admissible in a court unless it comes in under one of the many exceptions to the rule against hearsay. Wither repeating this to another person is slander or not depends on if it is true or not.

Ryan Berman · Answer

Depending on what she told you, it would be admissible hearsay. If it was a confession or a declaration against self-interest, meaning confessing to a crime, or doing or saying something so prejudicial to oneself, they wouldn't have said it unless it was true... then you would be able to testify to what they told you.

Jennifer Leigh Gottschalk · Answer

It's hearsay and would (probably) be inadmissible in court. If the conduct violates workplace policy or is otherwise illegal, reporting it truthfully protects you from civil suit by coworker.

Steven Alpers · Answer

It would not be slander if you were a witness in court because you are under penalty of perjury and required to testify truthfully if you are subpoenaed. ? Whatever she said could be used against her if it is some type of admission, but I would not go to the press.? It sounds like you have some doubts and I have doubts about releasing the information particularly without knowing what she said and why you are releasing it.?You could be slandering her or someone else and you could end up being sued.

Brian Wanerman · Answer

Generally, no. ?That would be what is called hearsay and it is inadmissible in all states and in Federal court unless an exception applies. ?To determine that, you need to discuss the specific details of the testimony with an attorney in the jurisdiction in which you anticipate testifying.  It's not hearsay to tell the press, but it might be libel depending on the details. Again, you should consult an attorney with the details.

Steven Lee Miller · Answer

If you are subpoened to go to court and testify, you must obey the subpoena.  If you are asked to volunteer to testify, you can if you want.  If you are asked to testify about what somebody else told you, there may be a "hearsay objection" in court, and depending upon whether there is an exception to the hearsay rule such as "admission" + "declaration against interest", and a few others.  If no exception to the hearsay rule, then the court will probably not allow the testimony.  If you are not subpoened, you do not have to go to court if you don't want to.

Michael Lynch · Answer

Typically you could not testify in court something that was merely said  to you.  Such a statement would be considered an "out of court  statement" and therefore would typically be kept out of evidence under  the hearsay rule. However, there are many exceptions to such a rule.   If, for instance, she would testify differently then it would be  allowed. As far as speaking with the press, I thought you said she is  your friend?  Would speaking to the press help her?

Nathaniel Shafer · Answer

It is most likely hearsay, depending on the facts of the case. You can always call a lawyer involved with the case to get a more definitive answer.

Jeff Yeh · Answer

No you can't. In court that's inadmissible hearsay.

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Can I testify in court to something my friend told me she did, even though I never saw her do it?

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