{UAH} response to Kabukuru: Moses Wilson, Dr Muniini, et al

Mr Kabukuru,

obviously you misunderstood my comments about hearsay and you do not seem to know what hearsay is...otherwise, you would not wrongly claim that lawyers do not rely on hearsay.

Hearsay evidence is indirect evidence in that the witness is not the one that saw, did, wrote, etc what they are testifying about.  Direct evidence where a witness testifies to what they know, saw, did, wrote etc 

The rule against hearsay is ONLY applicable to evidence presented in COURT. For all other situations, the hearsay rule does not apply.
Even in court, hearsay is admissible MOST of the time because there are so many exceptions to the rule against hearsay.

Here are examples of everyday acceptance of hearsay:

1. Family law: to prove a valid marriage, lawyers rely on marriage certificates but they don't bring the priest/judge to testify that he presided over the ceremony. To prove birth or parentage, they rely on birth certificates but they don't call the doctor to testify that they delivered the baby. To prove divorce they rely on court orders but they don't the judge to testify. To prove death, they rely on death certificate.

2. Real estate: to prove that one has approval from a bank, they rely on a pre-approval letter but they don't call anyone from the bank to prove the authenticity of the letter. They rely on credit reports but don't call anyone from the credit bureaus to personally verify info on reports. They don't even call any of the companies on the credit report to give direct testimony about info that was sent to the credit bureaus. These days, whole transaction can finish without the lender ever seeing the borrower. The borrower's documents are presented to the lender via third parties (i.e the escrow agent collects documents and effects the transaction without the borrower ever meeting the lender and the buyer does not met the seller).

 3. Labor: empoyment lawyers make decisions based on hearsay evidence in form  of employer reviews. Whoever writes the review is not asked to come meet the lawyer. The HR dept just sends the review to the lawyer.
4. Corporate law: lawyers rely on contracts that were drawn decades back and the signatories are not called to verify the signatures. Lawyers also rely on Board of Director resolutions but they don't call each director to verify his signature
5. Legislative: attorneys that draft laws for the legislature rely on reports and legislative history gathered from 3rd parties (eg politicians and lobbyists and the public)
5.etc.

For a faster response please contact me at 415.789.6427

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