What is Hearsay? What should West Palm Beach probate attorneys know about hearsay? How do you get evidence into probate court to prove your case? A November 8, 2017 Fourth DCA opinion revolves around whether or not evidence that was relied on in a trial is hearsay.
Florida probate courts follow the Florida Rules of Evidence which do not allow estate attorneys Florida to introduce hearsay into court.There are exceptions though, which is how your probate attorney Florida will get it done.What is hearsay?Hearsay is a blanket term for a lot of out of court statements.This can include documents. That means that you may have trouble getting the corporate documents into the case to prove the trustee breached their duties.What can you do in a case like that?This where an experienced Florida estate lawyer can come in handy to use the exceptions to the rules.Check out this recent appeal to learn more.What does this have to do with Florida estate litigation?
REYNOLDS TOBACCO COMPANY v. MCCOY
This was an appeal from a wrongful death action in Florida. Here, certain reports were introduced by the plaintiff and relied on during trial. The defendants appealed arguing that these reports were hearsay that are inadmissible as public reports or adoptive admissions and may not be used to bolster the opinions of testifying evidence. Did the West Palm Beach appellate court agree? To read the entire opinion, click here.