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Understanding Hearsay Exceptions
Summary
In New Mexico probate cases, hearsay is generally inadmissible, but exceptions like dying declarations and statements against interest may apply. Dying declarations are made when a person believes their death is imminent, while statements against interest are those that contradict the declarants own interest. These exceptions can allow certain statements to be used in court, even if the original speaker is deceased. Understanding these exceptions can help you navigate legal challenges involving statements made by a deceased party.Full Conversation
Need to know about the law trinsey vs paglerio
It looks like you are interested in the case of Trinsey v. Pagliaro. This case is known for establishing that attorneys cannot testify or file affidavits on behalf of their clients unless they have personal knowledge of the facts.
Key points from Trinsey v. Pagliaro:
- Attorneys cannot make statements of fact in court on behalf of clients without personal knowledge.
- Affidavits must be based on personal knowledge, not on information provided by others.
Is there something specific about this case you need more information on?
Key points from Trinsey v. Pagliaro:
- Attorneys cannot make statements of fact in court on behalf of clients without personal knowledge.
- Affidavits must be based on personal knowledge, not on information provided by others.
Is there something specific about this case you need more information on?
So what does that case mean? Like? How would I use that in court
Trinsey v. Pagliaro emphasizes that attorneys cannot testify or file affidavits on behalf of clients unless they have personal knowledge of the facts.
In court, this means:
- An attorney's statements must be based on their own direct knowledge.
- Affidavits must reflect the personal knowledge of the person making them, not hearsay.
Do you have a specific situation in mind where you want to apply this?
In court, this means:
- An attorney's statements must be based on their own direct knowledge.
- Affidavits must reflect the personal knowledge of the person making them, not hearsay.
Do you have a specific situation in mind where you want to apply this?
Okay, the prosecuting attorney stands up and says that i've done this this and this could I use that's law
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You can reference Trinsey v. Pagliaro to challenge any statements the prosecuting attorney makes that are not based on their own direct knowledge or personal observation. If the attorney is making factual assertions without personal knowledge, you can argue that these statements should not be considered valid evidence.
You can reference Trinsey v. Pagliaro to challenge any statements the prosecuting attorney makes that are not based on their own direct knowledge or personal observation. If the attorney is making factual assertions without personal knowledge, you can argue that these statements should not be considered valid evidence.
So if the client of the lawyer told him this knowledge and they got up and said that I had done this this in this. Could I still use it
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You can reference Trinsey v. Pagliaro to challenge the prosecuting attorney's statements if they are based on hearsay rather than the attorney's direct knowledge. This case can be used to argue that such statements should not be considered valid evidence in court.
Do you have any specific details about the situation where this happened?
You can reference Trinsey v. Pagliaro to challenge the prosecuting attorney's statements if they are based on hearsay rather than the attorney's direct knowledge. This case can be used to argue that such statements should not be considered valid evidence in court.
Do you have any specific details about the situation where this happened?
So if a case is showing as in recess, is there are any law that I could use to take advantage of that in my favor
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In Arizona, when a case is in recess, it means that the court is temporarily adjourned. There are no specific laws for taking advantage of a recess. However, you can use this time to:
- Gather additional evidence.
- Prepare arguments or motions.
- Consult with your attorney.
Is there a specific issue or strategy you are considering during the recess?
In Arizona, when a case is in recess, it means that the court is temporarily adjourned. There are no specific laws for taking advantage of a recess. However, you can use this time to:
- Gather additional evidence.
- Prepare arguments or motions.
- Consult with your attorney.
Is there a specific issue or strategy you are considering during the recess?
I'm in new mexico
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Since you're in New Mexico, it means the guidance provided about Arizona law doesn't apply to your case.
In New Mexico, the same general principles about using recess to gather additional evidence or prepare apply. Is there a specific legal issue or strategy you are considering during the recess in your case?
Since you're in New Mexico, it means the guidance provided about Arizona law doesn't apply to your case.
In New Mexico, the same general principles about using recess to gather additional evidence or prepare apply. Is there a specific legal issue or strategy you are considering during the recess in your case?
I didn't know the case was in recess. I thought it was ruled on, but now it's showing as in recess
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It seems like a misunderstanding regarding the case status. Generally, when a case is in recess, it means the court has paused proceedings temporarily. This doesn't indicate a final ruling.
Do you have any particular concerns or actions you were planning for the case?
It seems like a misunderstanding regarding the case status. Generally, when a case is in recess, it means the court has paused proceedings temporarily. This doesn't indicate a final ruling.
Do you have any particular concerns or actions you were planning for the case?
So why would they call recess? When I thought they had ruled for the plaintive in my case
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A court can call a recess for various reasons, including the need for additional time to review evidence, waiting for more information, or procedural issues. It doesn't necessarily mean there's a final ruling yet.
Did you receive any official notification about the ruling or the recess?
A court can call a recess for various reasons, including the need for additional time to review evidence, waiting for more information, or procedural issues. It doesn't necessarily mean there's a final ruling yet.
Did you receive any official notification about the ruling or the recess?
Yes i was told the ruling was for the plaintiff, not me
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If you were told that the ruling was for the plaintiff but it now shows as in recess, it might be due to procedural issues or additional review. Understanding the specific reason for the recess could provide more clarity.
Do you have any documents or official notifications regarding the ruling or the recess?
If you were told that the ruling was for the plaintiff but it now shows as in recess, it might be due to procedural issues or additional review. Understanding the specific reason for the recess could provide more clarity.
Do you have any documents or official notifications regarding the ruling or the recess?
Motion for reconsideration
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A motion for reconsideration can be filed to ask the court to review its decision. Here are some key points:
- It must be filed within a certain timeframe after the ruling.
- You need to show new evidence, errors in the court's decision, or changes in the law.
- Provide a clear and concise argument for why the reconsideration is warranted.
Is there any specific detail about your case or ruling that you want to address in the motion?
A motion for reconsideration can be filed to ask the court to review its decision. Here are some key points:
- It must be filed within a certain timeframe after the ruling.
- You need to show new evidence, errors in the court's decision, or changes in the law.
- Provide a clear and concise argument for why the reconsideration is warranted.
Is there any specific detail about your case or ruling that you want to address in the motion?
Explain to me how injured party works. Because don't I have a right to face my accuser? My injured party, but what if they died
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In Arizona, the concept of the "injured party" refers to the person who has suffered harm or loss and is bringing a claim in court. If the injured party has died, their legal rights can be pursued by their estate or legal representatives.
You have the right to face your accuser, but if they have passed away, their statements or evidence may still be used in court.
Do you have further details about the nature of the case or the specific situation involving the deceased injured party?
In Arizona, the concept of the "injured party" refers to the person who has suffered harm or loss and is bringing a claim in court. If the injured party has died, their legal rights can be pursued by their estate or legal representatives.
You have the right to face your accuser, but if they have passed away, their statements or evidence may still be used in court.
Do you have further details about the nature of the case or the specific situation involving the deceased injured party?
In new mexico
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In New Mexico, if the injured party has died, their legal representatives or estate can continue to pursue the claim. You still have the right to challenge the evidence and statements presented by their representatives.
Can you provide more details about the nature of your case or the specific situation involving the deceased injured party?
In New Mexico, if the injured party has died, their legal representatives or estate can continue to pursue the claim. You still have the right to challenge the evidence and statements presented by their representatives.
Can you provide more details about the nature of your case or the specific situation involving the deceased injured party?
Yes, so my mother died when I was 7 years old and my dad and her were on the property deed in *. My father opened probate for my mother and had the deeds. Put into my brother who's name and then transferred to him. He didn't put in her probate that she had any kids in *. My father remarried but he never put my stepmother on any of the deeds. My father passed away in two thousand and nineteen and in two thousand and twenty one i found out that my mother's probate was still open because my father never closed it. So I went and took over as the accessor personal representative of my mother's estate and I was awarded it. I then changed the deeds to include me and my brothers and my stepmother, who was? In charge of the estate of my father and she took me to court.
She died and her niece is now her personal representative and we are going to court now?
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It seems like there are several issues related to probate and property deeds. When dealing with probate and inheritance, things can get complicated, especially with multiple family members involved.
Here are some points to consider:
- Probate laws in Arizona determine how estates are handled when someone dies.
- As the personal representative of your mother's estate, you have certain responsibilities and rights.
- Transferring property deeds involves legal processes that must be followed.
- The death of your father and the involvement of your stepmother and her representative complicates the situation.
Would you like more specific guidance on any part of this process?
It seems like there are several issues related to probate and property deeds. When dealing with probate and inheritance, things can get complicated, especially with multiple family members involved.
Here are some points to consider:
- Probate laws in Arizona determine how estates are handled when someone dies.
- As the personal representative of your mother's estate, you have certain responsibilities and rights.
- Transferring property deeds involves legal processes that must be followed.
- The death of your father and the involvement of your stepmother and her representative complicates the situation.
Would you like more specific guidance on any part of this process?
I'm in new mexico not arizona
Case Rating: *
Got it! Since you're in New Mexico, I can provide guidance based on New Mexico probate laws.
After you became the personal representative of your mother's estate, you have certain rights and obligations. Here are some key points:
- Probate laws in New Mexico determine how estates are handled.
- As the personal representative, you can manage and distribute the estate according to the will or state laws.
- Challenges can arise if other parties, like your stepmother's representative, contest the estate or property deeds.
Do you have specific concerns or details about the current court proceedings you'd like to discuss?
Got it! Since you're in New Mexico, I can provide guidance based on New Mexico probate laws.
After you became the personal representative of your mother's estate, you have certain rights and obligations. Here are some key points:
- Probate laws in New Mexico determine how estates are handled.
- As the personal representative, you can manage and distribute the estate according to the will or state laws.
- Challenges can arise if other parties, like your stepmother's representative, contest the estate or property deeds.
Do you have specific concerns or details about the current court proceedings you'd like to discuss?
Yes, don't I have a right to face the injured party? Not her state, because my niece wasn't there for what happened, only my stepmother
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You have the right to face your accuser, but in probate or property disputes, the situation can be different. The representative of the deceased (your stepmother's niece) can continue the legal process on behalf of your stepmother's estate.
Is there a specific aspect of your case you need more guidance on?
You have the right to face your accuser, but in probate or property disputes, the situation can be different. The representative of the deceased (your stepmother's niece) can continue the legal process on behalf of your stepmother's estate.
Is there a specific aspect of your case you need more guidance on?
Yes, how can she give these statements at? My stepmother had made arc. Told her lawyer isn't that hearsay
Case Rating: *
In New Mexico, statements made by someone who has passed away can be complicated. Generally, hearsay is not admissible in court, but there are exceptions. Here are some key points:
- Statements made by a deceased person might be admissible under certain exceptions.
- If the statements are considered hearsay, you can challenge them.
Do you have any specific statements or documents you're concerned about?
In New Mexico, statements made by someone who has passed away can be complicated. Generally, hearsay is not admissible in court, but there are exceptions. Here are some key points:
- Statements made by a deceased person might be admissible under certain exceptions.
- If the statements are considered hearsay, you can challenge them.
Do you have any specific statements or documents you're concerned about?
Yes my stepmother's lawyer is claiming this and that. From what she told her like putting me down and he wasn't there for that. She is past and her niece didn't witness any of this. So how can this be used against me
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It sounds like your stepmother's lawyer is making statements based on what your stepmother allegedly said, which could be considered hearsay. However, some exceptions to the hearsay rule might apply. Here are a few points to consider:
- Hearsay Rule: Generally, hearsay is inadmissible in court.
- Exceptions: Statements made by a deceased person might be admissible under exceptions, such as "dying declarations" or "statements against interest."
Would you like to provide more details about the specific statements or documents?
It sounds like your stepmother's lawyer is making statements based on what your stepmother allegedly said, which could be considered hearsay. However, some exceptions to the hearsay rule might apply. Here are a few points to consider:
- Hearsay Rule: Generally, hearsay is inadmissible in court.
- Exceptions: Statements made by a deceased person might be admissible under exceptions, such as "dying declarations" or "statements against interest."
Would you like to provide more details about the specific statements or documents?
I know I wanna know about these exceptions. Dying declarations are statements against interest
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In New Mexico, there are exceptions to the hearsay rule, including:
- Dying Declarations: Statements made by a person who believes their death is imminent, concerning the cause or circumstances of what they believe to be their impending death.
- Statements Against Interest: Statements that are so contrary to the declarant’s own interest that a reasonable person would only make them if they believed them to be true.
Can you tell me more about the context of the statements your stepmother made?
In New Mexico, there are exceptions to the hearsay rule, including:
- Dying Declarations: Statements made by a person who believes their death is imminent, concerning the cause or circumstances of what they believe to be their impending death.
- Statements Against Interest: Statements that are so contrary to the declarant’s own interest that a reasonable person would only make them if they believed them to be true.
Can you tell me more about the context of the statements your stepmother made?
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