Q: Can phone conversations from a deceased person and the person being sued be used in a civil suit case?
Trying to get what justice any way we can for our daughter that was taken advantaged of and overdosed at perpetrator house. Seeking his home insurance. Investigators never got dna from suspects and we believe there was others at the house at the time of her fatal moments. There was other phones that they claim was our daughters but we have someone stating it was this other persons. We don’t think home owner gave her the pill but his sister and other guy may have raped her. But they never got dna from none suspects
A: It will depend on the facts and circumstances of when the phone conversations took place and the substance of the conversations. The hearsay exceptions, regardless if the declarant (i.e., person being sued or daughter) is available to testify, are codified in O.C.G.A. section 24-8-803. The hearsay exceptions when the declarant is unavailable to testify (i.e., deceased daughter) is codified in O.C.G.A. section 24-8-804.
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