What Is Hearsay Evidence?

Hearsay testimony is testimony not within the witness’ own knowledge.  An administrative law judge cannot rely solely on hearsay testimony to make any findings.

You can expect to be asked by the ALJ how you know that an event you testified to occurred.  If you cannot answer by saying, "I saw it myself " or "I heard it myself", it is probably hearsay evidence.  You should bring to the hearing someone who can answer the question "How do you know that happened?" by saying, "I saw it myself".

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