How to I prepare for a “truth of the natter asserted” objection from the opposing party?

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by Grant St. Jullian III

July 11, 2016

Asked 7/8/2016 – Austin, TX

I know the information is relevant, but I’m concerned that an objection for “truth of the mattered asserted” might follow by the State. Other than hiring an attorney (which I cannot afford), how can I make sure this evidence is heard by the jury without calling a witness from NHTSA?

Its a criminal traffic violation. If I didn’t subpoena the records from the NHTSA, would I still be able to cross-examine the witness on the info contained in the documents?

Answer

Without knowing the exact evidence you intend to offer, It is impossible to determine if any exceptions to the heresay rule exists. Google Texas Rules of Evidence. There will be a listing of the exceptions to the heresay rule. Good luck.

About the author 

Grant St. Jullian III

Bachelor of Science in Chemical Engineering – 1979 Univ. of Pennsylvania
Doctor of Jurisprudence 1982 University of Texas @ Austin
Licensed by the Supreme Court of Texas since 1982.

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