QUESTION
Hello my name is David. Q: after swearing an oath to tell the truth, why is hearsay not admisable? Whats the point of the oath.
Asked on Jun 30th, 2017 on Civil Litigation - New Jersey
More details to this question:
I don't mean to waste any ones time, but I think this is a valid question. Years ago I was involved in a civil case where my grandfather changed his will right before he died. For the sake of discussion lets agree that he was not fully aware of what he was doing. My father had passed away before my grandfather and there were times I would speak with him and my grandfather thought I was his deceased son. I was 18 at the time of this civil action. I had been deposed prior to the court case and at the start of my testimony I was asked to take an oath on the bible to the effect of "do you swear to tell the truth, the whole truth, and nothing but the truth so help you God" or something very similar to that. During conversations with my grandfather he would confuse me with his dead son. I was not allowed to mention this. I was told that it was "hearsay". My understanding of that is uncorroburated testimony. My question is what is the point of the oath if ones word is doubted.
1 ANSWER
Anthony Van Zwaren
Whether you are under oath or not, something somebody tells you is still hearsay because that person is not the one giving testimony. So oath or not only goes to whether you have committed perjury, but does not give you the ability to have anything you relate about what others may have told you to be taken as evidence. There are certain exceptions that an attorney may be aware of, for instance, a dying declaration, or excited utterance, but most lay people are not going to be aware of what those exceptions may be. And even if they were accepted as testimony, they would probably be qualified as "not necessarily going to the truth of the matter presented."
Answered on Jul 03rd, 2017 at 8:44 AM