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Old 10-05-2005, 07:40 PM
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Join Date: Oct 2005
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Default Financial Exploitation of an Elderly

I have one major question right now. If the elderly person dies while a case is going on, I was told that I couldn't testify that the elderly person said it was o.k. for me to do somethings or that he told me to do somethings because he has passed away. Now, if this is the case, would the prosecutor still have a case? I mean because then their defense would be either what he had told her/him and bank statements, nothing else. What is your thought or knowledge of this type of situation?
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Old 10-06-2005, 09:34 AM
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Join Date: Jul 2005
Posts: 124
Red face

The Rule you are speaking of is called Hearsay. Typically you cannot testify to what someone else told you unless it falls under one of several exceptions to the rule. One of the exceptions is if the Declarant (the elderly person you are speaking of) is unavailable. Death would make someone unavailable.

But you would really need to speak to an attorney because there are many factors that will change what is written above. It depends on who the plaintiff is and who the defendant is, who you are testifying for, what the testimony does for the case, when and what was said, etc. The Federal Rules of Evidence are complicated and can be confusing so either research it depending on your specific situation or contact an attorney.
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