Legal Question in Credit and Debt Law in California

I have 2 questions. The first question is what is rule 11 sanctions? The second question is can some really explain to me what the hearsay rule is and can it be used in small claims court against a creditor or credit bureau...

Asked on 5/13/13, 6:59 am

1 Answer from Attorneys

Timothy McCormick Libris Solutions - Dispute Resolution Services

Rule 11 is one of the Federal Rules of Civil Procedure and provides for monetary sanctions for filing meritless pleadings or related documents. It has no application in state court, although there are similar provisions found in the California Code of Civil Procedure.

The hearsay rule takes up several weeks of Evidence class in law school. It cannot be explained here. Briefly, though, it is a rule that evidence must be from witness who has actual personal knowledge of the facts asserted. So I can't testify that Joe told me XYZ, to have that testimony accepted as proof that XYZ is true. Joe must testify to that. But if the question is whether Joe told me XYZ or ABC, regardless of whether XYZ or ABC is true, I can testify which it was he told me. Beyond that it gets extremely complicated and there a dozens of exceptions to the rule - to the point where there are more exceptions than rule really. Beyond that you really need to go to your county law library and read a book on evidence if you want more.

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Answered on 5/13/13, 9:23 am

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