What is the test for excluding hearsay evidence in a civil case?
California, United States of America
The following excerpt is from People v. Gandara, 233 Cal.App.3d 1163, 284 Cal.Rptr. 906 (Cal. App. 1991):
"The main reasons for excluding hearsay evidence are: '(a) The statements are not made under oath; (b) the adverse party has no opportunity to cross-examine the person who made them; and (c) the jury cannot observe his demeanor while making them.' [Citations.]" (People v. Williams (1990) 222 Cal.App.3d 911, 916, 272 Cal.Rptr. 212.)
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