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- Path: sparky!uunet!charon.amdahl.com!amdahl!JUTS!news
- From: tjc50@juts.ccc.amdahl.com (Terry Carroll)
- Newsgroups: misc.legal
- Subject: Re: Anita Hill and Hearsay (was: Anita Hill to Head EEOC)
- Message-ID: <86l202t02bS301@JUTS.ccc.amdahl.com>
- Date: 17 Nov 92 21:29:22 GMT
- References: <1992Nov14.205448.18785@panix.com>
- Sender: netnews@ccc.amdahl.com
- Reply-To: tjc50@juts.ccc.amdahl.com (Terry Carroll)
- Organization: Amdahl Corporation
- Lines: 30
-
- In article <1992Nov14.205448.18785@panix.com>, eck@panix.com (Mark
- Eckenwiler) writes:
- > In <28GN02Ul2bvD01@JUTS.ccc.amdahl.com>, tjc50@juts.ccc.amdahl.com sez:
- > >I recall testimony of some of Hill's associates, to the effect that Hill
- > >had told them of the alleged harassment around the time it had happened.
- > >That's
- > >clearly an out-of-court statement offered to prove the truth of the matter
- > >asserted, i.e., hearsay. I don't have a FRE handy, but I don't think it
- > >falls into any of the exceptions.
- > >
- > >Two close calls, which I don't think make it:
- >
- > As noted earlier, try the non-hearsay list at FRE 801(d). Subsection
- > (1)(B) in particular applies to the testimony of Carr, Hoerchner, et
- > al., since it was expressly suggested by certain Senators that Hill
- > had concocted the story more recently and/or that she had a new and
- > improper motive for telling the story.
-
- Looking at the Rules, rather than trusting my memory, I concede that you're
- correct. For those of you who don't have a copy of the Federal Rules of
- Evidence, 801(d)(1)(B) reads "A statement is not hearsay if . . . [t]he
- declarant [Hill] testifies at the . . . hearing and is subject to cross-
- examination concerning the statement, and the statement is . . . consistent
- with the declarant's testimony and is offered to rebut an express or implied
- charge against the declarant of recent fabrication or improper influence or
- motive . . .".
-
-
- Terry Carroll - tjc50@juts.ccc.amdahl.com - 408/992-2152
- The opinions presented above are not necessarily those of a sound mind.
-