​Practice Point – Testimony about Out of Court Statements Made by Third Party.
 
          The rule against hearsay prohibits a party from testifying as to an out of court statements made by a third person, which is offered for the truth of its contents.  However, a party to the action may testify as to what he said to another party to the action.  For example:
 
(By Counsel)
 
Q. Did you have a conversation with John Doe?
A. Yes. [1]
Q. Did you thereafter have a conversation with the defendant?
A. Yes.
Q. When did this conversation with the defendant take place?
A.  The next day.
Q. Where did this conversation with the defendant take place?
A. In the marital home.
Q. What did you say to the defendant?
A.  I told him that John Doe and I had a conversation and that John Doe told me. . .




        [1]   Answers to the questions are for purposes of the example only.
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​The material on our website is from  the New York Matrimonial Trial Handbook , by Joel R. Brandes of the New York Bar. It focuses on the procedural and substantive law, as well as the law of evidence, that an attorney must have at his or her fingertips when trying a New York matrimonial action or custody case.  It is intended to be an aide for preparing for a trial and as a reference for the procedure in offering and objecting to evidence during a trial.  There are numerous questions for the examination and cross-examination of witnesses. 

​Joel R. Brandes Consulting Services, Inc. ​publishes The ​New York Matrimonial Trial Handbook . It is available in Bookstores, and online in the print edition at  Amazon,  Barnes & Noble, Goodreads and other online book sellers.  

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​​Joel R. Brandes Consulting Services, Inc is a Florida corporation  which is owned and operated  by 
​Joel R. Brandes of The New York Law Firm of Joel R. Brandes. P.C. 

​This website is published by ​Joel R. Brandes Consulting Services, Inc., and written by Joel R. Brandes of The Law Firm of Joel R. Brandes. P.C.  Mr. Brandes has been recognized by the Appellate Division* as a "noted authority and expert on New York family law and divorce.” He is the author of  the treatise Law and The Family New York, 2d (9 volumes),Law and the Family New York Forms 2d (5 Volumes), Law and the Family New York Forms 2019 Edition (5 volumes)(Thomson Reuters),  and the New York Matrimonial Trial Handbook. Click here to visit New York Divorce and Family Law ™ the definitive site on the web for New York divorce and family law, presented by Joel R. Brandes of the Law Firm of Joel R. Brandes, P.C., 43 West 43rd Street, New York, New York 10036. (212) 859-5079.