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The Depp Libel Trial
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Do the usual rules of heresay not apply when it comes to libel cases? Read yesterday (or the day before) that one of Heard's witnesses says he noticed bruising on her face and when he asked her how it had happened, she replied that Depp was responsible. That's only one example, there have been many others on both sides of the argument, including Depp's ex partners saying he was never violent toward them. Proves nothing if not actually witnessed.
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As TCL indicates, the rules are different for criminal and civil trials.
However it would be wrong to believe that all hearsay evidence is excluded in criminal trials. (e.g. if a murder victim was still conscious on his way to hospital, a court would almost certainly permit the police officer who accompanied him in the back of the ambulance to say that the victim clearly stated "It was Fred Bloggs that did this to me"). The rules for criminal trials can be found here:
https:/
Equally, it's wrong to believe that there are no restrictions at all upon the use of hearsay in civil trials. CPR 33 applies in such cases:
https:/
However it would be wrong to believe that all hearsay evidence is excluded in criminal trials. (e.g. if a murder victim was still conscious on his way to hospital, a court would almost certainly permit the police officer who accompanied him in the back of the ambulance to say that the victim clearly stated "It was Fred Bloggs that did this to me"). The rules for criminal trials can be found here:
https:/
Equally, it's wrong to believe that there are no restrictions at all upon the use of hearsay in civil trials. CPR 33 applies in such cases:
https:/
David Small @ 17;46; "Why the interest in these sad egoists. Like thunder they will fade away."
Well, there i was David, nodding away in agreement with you. Then I saw the 'biscuits' thread and saw your post about the unopened pack of chocolate digestives. And I had to toss a coin to see which I was more interested in ;-))
Well, there i was David, nodding away in agreement with you. Then I saw the 'biscuits' thread and saw your post about the unopened pack of chocolate digestives. And I had to toss a coin to see which I was more interested in ;-))
yup well done corby loon has got it
hearsay is allowed
and the evidence isnt hearsay
coz sayer is available for cross exam
now governed by the Hearsay Act - criminal hearsay is allowed - death bed confession - erm one or two others
otherwise assess the probative value and the degree - "SHE told me" is better than - "rentagob Mrs SMiff said her daughter the one with the lisp that one - SHE said to her inlaw and husband was present ....."
disciplinaries at work which allow for relaxed rules of evidence, Hearsay can be VERY troublesome because basically you need to discredit it and there is no one to cross examine or er ask
hearsay is allowed
and the evidence isnt hearsay
coz sayer is available for cross exam
now governed by the Hearsay Act - criminal hearsay is allowed - death bed confession - erm one or two others
otherwise assess the probative value and the degree - "SHE told me" is better than - "rentagob Mrs SMiff said her daughter the one with the lisp that one - SHE said to her inlaw and husband was present ....."
disciplinaries at work which allow for relaxed rules of evidence, Hearsay can be VERY troublesome because basically you need to discredit it and there is no one to cross examine or er ask
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