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Re: Rawnoc post# 219849

Wednesday, 03/27/2013 8:53:15 PM

Wednesday, March 27, 2013 8:53:15 PM

Post# of 312016
Black's Law Dictionary-

Hearsay;
A term applied to that species of testimony given by a witness whorelates, not what he knows personally, but what others have told him, or what he hasheard said by others. Ilopt v. Utah, 110 U. S. 574, 4 Sup. Ct. 202. 28 L. Ed. 202; Morellv. Morell, 157 Ind. 170, 00 N. E. 1002; Stockton v. Williams, 1 Doug. (Mich.) 570;People v. Kraft, 01 Hun, 474, 30 N. Y. Supp. 1034.Hearsay evidence is that which does not derive its value solely from the credit of thewitness, but rests mainly on the veracity and competency of other persons. The verynature of the evidence shows its weakness, and it is admitted only in specified casesfrom necessity. Code Ga. 1882


The hearsay rule is a rule of evidence which prohibits admitting testimony or documents into evidence when the statements contained therein are offered to prove their truth and the maker of the statements is not able to testify about it in court. Hearsay is "second-hand" information. Because the person who supposedly knew the facts is not in court to give testimony, the trier of fact cannot judge the demeanor and credibility of the alleged first-hand witness, and the other party's lawyer cannot cross-examine him or her. Therefore, there is a constitutional due process danger that it deprives the other side of an opportunity to confront and cross-examine the "real" witness who originally saw or heard something.


JBI itself is the only credible first hand witness that can provide irrefutably that they have sold fuel to US Steel.

JBI has not made any irrefutable statements regarding the sale of fuel to US Steel.

JBI has not provided evidence to support the hearsay that has been provided by second hand or third parties. There is no way to 'cross-examine' the third parties and therefore any hearsay evidence provided by them is inadmissible as hearsay.







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