Question

Applegate is in litigation with Magnifium over a contract breach. Applegate has been approached by a former janitor for Magnifium who can testify regarding conversations about the contract between Magnifium executives. The janitor heard them when the executives had stayed late at work and he was cleaning. Can Applegate use the statements at trial?

Answer 1

Answer:

Applegate cannot use the janitor's statement in the trial since the janitor was not directly involved in the work that was being discussed in the meeting. At most, Applegate can try to use some of the information to investigate further about the issue by its own.

Explanation:

The janitor could be considered a hearsay witness, but courts usually limit their testimonies depending on whether its content is admissible or not. The court and Magnifium's lawyers would examine the perception of the witness, his recollection of the events, how he communicated those events to the other party involved in the case, and most importantly the truthfulness of the witness testimony.

The janitor doesn't have a solid position in any of the possible challenges, e.g. he might be mad for being fired and is making up the story, he misinterpreted what he heard because he didn't know what they were talking about, Applegate reached the witness and offered him money to testify, his testimony may have some gray areas or may not be complete. There are simply too many possible objections that can eliminate his testimony and leave Applegate in a worse position.