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The 33 cent wage and income gap is unacceptable and unnecessary. So is the cliché glass ceiling. Bottom line, our...

Advice for Young Lawyers: Deposition: Hearsay in Business Records


No, just because it's in a business record doesn't mean everything that record says can come into evidence.  

Single hearsay

Ledger says employee Jones was paid $500 in cash on June 5, 2005.

Double hearsay

Note in employer's file (maintained in the regular course of business & brought within exception to hearsay rule) says "Darlene says she paid employee Jones $500 in cash on June 5, 2005." 

Why does double hearsay matter in a deposition? 

Because if you don't know its double hearsay, you might not track down "Darlene" or find another way to prove that employee Jones was paid $500 in cash on June 5, 2005.  

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