Articles Tagged with witnesses

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AMAN V. NICHOLSON, 2023-NCCOA-________ (2023). 

  1. Facts:  Plaintiff and Defendant are parents of a minor child. They separated in fall of 2019. Plaintiff filed for custody, and a temporary order was entered. The temporary order granted joint legal custody (decision making) and primary physical custody to the Plaintiff, visitation to Defendant. It further required each party to obtain and exchange psychological evaluations and to attend counseling. Eventually, the custody matter was set for trial in spring of 2021. On the first day of trial, Defendant provided a list of three expert witnesses that he planned on calling to testify. Plaintiff objected and wanted to exclude the expert testimony. The trial court agreed, and entered an Order that excluded Defendant’s three expert witnesses from testifying. Defendant appealed. 

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“Objection – Hearsay!” From Perry Mason to Saul Goodman, anyone who’s watched a courtroom drama has heard it said, but what does it really mean? The technical definition of “hearsay” sounds like complicated nonsense to most people: “an out of court statement used to show the truth of the matter asserted.” The important thing for you to remember on the witness stand is that hearsay is second-hand information, and it’s usually not allowed in court except in special circumstances. Continue reading →