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To: pollywog
You mean to tell me that THIS was not admitted into evidence by Judge Greer , or even taken into CONSIDERATION?????

An affidavit is hearsay. The nurse would have to testify in person (or give a deposition) in order for her testimony to be admissible. The parents could have subpoenaed her.

1,277 posted on 11/10/2003 4:02:43 PM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Lurking Libertarian
An affidavit is hearsay. The nurse would have to testify in person (or give a deposition) in order for her testimony to be admissible. The parents could have subpoenaed her.

Thank you Lurking L. This case has really been a learning experience in law for this feeble brain!! Now what I can't understand, is WHY didn't the family supeona her?????

1,291 posted on 11/10/2003 5:01:49 PM PST by pollywog (Psalm 121;1 I Lift mine eyes to the hills from whence cometh my help.)
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To: Lurking Libertarian
Are you from Florida? An affidavit is not hearsay in Florida. It's a sworn statement.
1,354 posted on 11/10/2003 8:29:06 PM PST by floriduh voter (Breaking at baynews9.com...conservative-spirit.org FR Site)
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