cynthiad wrote:kalvano wrote:I'm still debating on the original one, actually. The hypo says it's being offered "as proof that the time was about midnight when K entered the building."
So the statements are being offered as proof that K entered the building at midnight. So L can testify she saw K coming in, that's not hearsay. But when L testifies that she told M about K entering, that is being offered not just for the timestamp but to prove that K entered the building at midnight, which is exactly what L's out-of-court statement is saying. She is saying "Oh, M, I saw K entering the building a few minutes ago."
M is testifying, and she can say that L told her something just past midnight, but if the statement by L is "I saw K entering the building" and the reason the statement is being offered is to prove that K entered the building around midnight, then what L said matters and M can't testify to what was said, only that L said something to her.
I'm going back to thinking it's hearsay.
But it doesn't matter what statement L actually made to M. L could have said "the sky is blue" to M ten minutes after seeing K entering, and then if L testified that she saw K enter and said "the sky is blue" to M ten minutes later, and M testifies that L said "the sky is blue" just after midnight, that would serve the same purpose of timestamping. L's testimony is being offered to prove that K entered the building, and if L testifies that she made a statement to M ten minutes later, M's statement is being offered to prove what time L made that statement.
It does matter, though. The statement is being offered not to just prove time, but a specific event at a specific time. M has no way of knowing that K entered the building without L telling her that. L can't testify as to what she said to M, and M can't testify as to what L said to her. So you can timestamp that a statement was made, but it won't be proof that K entered the building, because what was said is inadmissible.
But the hypo says it's being offered to prove both time and event. And it specifically says that L said to M that K came in, and that M testified that L told her K came in shortly after midnight.