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New York Family Law Monthly

August 2008

Hearsay Evidence in Custody Cases

Some More Considerations. Part Three of a Three-Part Article

By Bari Brandes Corbin and Evan B. Brandes

An admission — an act or declaration of a party or his agent that constitutes evidence against the party at trial — is an exception to the rule against hearsay. As a general rule, any declaration or conduct of a party or his agent, oral or written, that is inconsistent with that party’s position at trial is admissible at trial as an admission.

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