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The Plain English Attorney

What is Hearsay?

Hearsay is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.” In this reaction video, I explain in plain English the definition of ‘hearsay’ that kept popping up in the Johnny Depp/Amber Heard trial, and then I apply it to several crappy scenarios.

The Plain English reason they keep calling objection to this term is they don’t want rumors going around courtrooms. Human nature, being what it is if you get 100 people to come in and say, “Well I heard this was true.” But one person said, “No. I was with this person and I saw them. It didn’t happen.” Well, wait 100 people said it was true so we’re going to believe the 100 people. That’s not the way to get to the truth. Needless to say, they don’t want rumors in any hearing or trial.

Example: Johnny Depp’s driver is actually testifying at trial. He was in the kitchen when the maid came in and said, “I saw Amber ____ in Johnny’s bed.” Also hearsay. It’s not her on the stand. They can’t cross-examine her.

Example: Johnny Depp’s maid testified at the trial that Amber Heard told her, “I ____ in Johnny’s bed.” That is still hearsay, but now we’re actually getting into an exception because it was an admission that she did do that.

Example: Johnny Depp’s maid testifies that she saw Amber Heard ____ in Johnny’s bed. That’s testimony, getting to the truth of what is being asserted.

Listen to the video HERE where I give more examples of this during this trial.

This part of the hearing is actually comical. Please check the video out if you want a chuckle.

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