Legal Question in Criminal Law in New Jersey

Hearsay clarification

If I had a conversation with someone and a third party was present at the time, can the third party testify as to what they personally heard or would that be considered hearsay?

Case: Trained dogs. Only bark when someone approaches house. Sensitive neighbor 200ft away complained of my dogs barking one morning, 4:30 AM, 10 min. I was issued a summons. With friend visiting and present, I asked another neighbor, whose bedroom window is only 16ft from the room I keep the dogs in, if the dogs bothered her. 16ft neighbor said she's never once heard them.

Can friend testify as to what they personally heard 16ft neighbor say or would it be hearsay?

Thanks


Asked on 11/06/06, 10:46 pm

3 Answers from Attorneys
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Hearsay clarification

Yeah, just serve the neighbor and make them come to court. Have you been to court yet? The judge will probably send this to mediation. It sounds like a real joke and if I was the Judge I would just throw it out of court. I doubt you need an attorney for this, but if you do have any other questions, feel free to call me at 732/247/3340.

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Answered on 11/07/06, 10:16 am
Drew Hurley Law Offices of Drew M. Hurley

Re: Hearsay clarification

Absent unique circumstances not presented in the factual recitation, the testimony of the friend would be barred as impermissible hearsay, i.e, an out of court statement by another offered to prove the truth of the matter asserted.

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Answered on 11/06/06, 11:11 pm
Barry Kozyra Kozyra & Hartz, LLC

Re: Hearsay clarification

The statement you seek to introduce would be hearsay. The easy way around the objection is to get the neighbor to testify, either voluntarily or via subpoena.

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Answered on 11/06/06, 11:26 pm


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