The Webster Dictionary defines Hearsay evidence as evidence based not on a witness’s personal knowledge but on another’s statement not made under oath. Many family law clients are anxious to use evidence at trial that will not be admitted or heard by the judge because it falls into this category of hearsay. Your neighbor has told you that they saw your spouse doing something you feel would help your case. You will not be able tell that to the judge during your trial. The same is true of your child’s teacher telling you of your child’s negative behavior in the classroom because of the time spent with your spouse. You telling the judge what someone else has told you they witnessed is hearsay.
Sometimes clients think they can work around the hearsay rule by having the witness write a letter to the court that the client can then give to or read to the judge. Again, this is considered hearsay, even if the letter is notarized. If your Orlando Divorce or Paternity Lawyer believes the information the witness has is relevant, they will consider having the witness come to the trial to testify on your behalf. In addition, your child’s preferences and concerns may be presented to the judge through a Guardian ad litem, or through a professional custody evaluator. Unfortunately, many litigants without attorneys are devastated when they finally get their day in court, but the judge does not allow them to present their hearsay evidence. There are rarely any second chances. Discuss the information with your qualified Orlando Divorce Attorney so they can make the best determination for your case.
If you have questions regarding your Orange, Osceola or Seminole County Divorce or Child Custody case, please call Family Law of Orlando to schedule an initial consultation with Attorney Wade P. Luther. You can reach us by email or by calling (407) 835-9900.