Q: My spouse sent messages to another man about my behavior. He has posted maliciously about me. Are those texts heresay?
My wife had an improper, non-sexual relationship with another man during a bad period in our marriage. She texted about my behavior, but I don’t know the validity of the texts. There was no violence or physical abuse. Now he has posted claims on Facebook (including my place of employment, full address, full name) from those texts which could impugn my reputation. I have never met nor spoken to or about him. Are those texts considered hearsay? If for instance she texted him that I said “the sky is red,” is it proven by virtue of her sending it? Or is it just hearsay if he repeats it in court?
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A: If someone else than the other man presented them in Court, they would probably be considered inadmissible heresay. Probably no exceptions to TRE 801. But outside of Court, there are no evidentiary rules. If you sue someone for Defamation, you will need to comply with a relevant Statute, and you probably want to set it up for maximum damage and/or effect. Consult with an attorney if you want to do something.
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