joefromchicago wrote: Thomas: for someone who isn't a lawyer, I am quite impressed with your ability to understand the hearsay rule. In my experience, there are many judges who have less of a grasp of the hearsay rule than you do.
Thanks. Coming from someone I rarely agree with on anything, I take that as a big compliment. But I have to confess to intellectual doping here: As we say in Germany,
Ein Blick ins Gesetzbuch erleichtert die Rechtsfindung. (That's roughtly: "Looking into the statute helps in finding the law.") Lawyer or not, heeding this advice gives you an unfair advantage over many other participants in a debate like this.
Nevertheless, thanks for doing the same thing, for enlightening me about how the processes of admitting and appealing against the admission of hearsay work, and for providing such pertinent sources for what you said. I hadn't thought about using the exception you suggested, though it makes a lot of sense now. And I was also unaware how many chances the Schindlers had to object to the admission of hearsay in court. Both points were new and interesting to me.