Hearsay Case Law

Question 1

Dolly v. Ringo

Answer 1

Party Opponent may be invoked in only one direction. Plaintiffs cannot offer statements by the plaintiff, and defendant cannot offer statement by the defendant (under party opponent)

Question 2

America’s Best Cookie v. International House of Waffles

Answer 2

“hearsay” includes out-of-court statements by a witness that is on the stand, or by another person who has/will be testifying in the trial

Question 3

Kaplan v. Sikora

Answer 3

Under 801(d)(2)(D), hearsay is admissible against a party if: the declarant is the party’s agent or employee, the statement concerns a matter that is within the scope of the agency or employment relationship, and the statement was made while the agency or employment relationship existed