California Line Numbered Pleading Template

1 Portion of a trial transcript 2 3 [Indictment for aggravated battery. The prosecution says defendant got into an argument with 4 another man at Minute Maid Park during a baseball game; that defendant, a big fellow, 5 hit the other man, who was much smaller, first, and that several punches were 6 exchanged during which the smaller man was seriously injured.] 7 8 Q. Calling your attention to the afternoon of last May 13, where were you? 9 A. I was at the baseball game at Minute Maid Park. 10 Q. Please tell the jury what you saw. 11 A. I saw a fight between two men. There was a big guy, maybe six feet two or something, and 12 a smaller man, maybe five ten. The smaller man had an Astros hat on. 13 Q. Describe what happened. 14 A. Well, I heard some yelling nearby, like an argument, and I turned around to see who was 15 doing it. Just then I saw the smaller man push the big guy backward. The big guy came 16 back at him swinging. He punched the smaller guy in the chest and then in the face. 17 Some people grabbed both of them and pulled them apart. 18 Q. Do you see either of the men who were in the fight, here in the courtroom? 19 A. Yeah, I think that’s the big guy sitting over there. 20 Mr. Prosslaw: Let the record show that the witness identified the defendant. 21 Q. Can you tell us who threw the first punch? 22 A. Not really. I only know what I saw when I turned around. 23 Q. What did you do after the fight was over? 24 A. Well, some police came around while they were still holding the two guys who had been in 25 the fight. They asked me if I saw anything and I said yes. I described to them what I 26 just told you. They took my name and address and asked if I would sign a report. I said 27 I would. About twenty minutes later, they came to my seat and handed me this paper to 28

Hearsay Transcripts – p.1 1 look over. It was some kind of witness report. It looked right, so I signed it and gave it 2 to one of the police. 3 Q. I show you what has been marked as Prosecution Exhibit 13 for Identification and ask you 4 if you if you can identify it? 5 A. Yeah, this is the paper that I signed at the ball game and gave to the police. 6 Mr. Prosslaw: Your Honor, I offer Prosecution 13 for Identification, in evidence. 7 Mr. Defflaw: I object, Your Honor. It contains hearsay. I also move to strike the 8 witness’s answer as to what he said to the police, as hearsay. 9

Hearsay Transcripts – p.2 1 Houston Police Department 2 Witness Statement

3 Date: May 11, 2000 4

5 Place: Minute Maid Park

6 Name of person reporting: Roger Richardson 7

8 Officer receiving report: Sgt. J.R. Hathaway

9 I was in my seat watching the game when I heard an argument. I turned around and saw 10 two men fighting – a tall man and an average-size man. The smaller man pushed the tall man. 11 Tall man then hit small man. Both punched and hit the other several times. 12

13 Officer present: J. R. Hathaway Reporting person: Roger Richardson 14

Hearsay Transcripts – p.3 1 Portion of another trial transcript 2 3 [Civil action for breach of contract and breach of warranty in the sale of a car. The contract 4 stated (Paragraph 9) that the car was owned by Seller since it was new, and that the indicated 5 odometer mileage of 45,000 miles was correct. The contract also provided (Paragraph 13) that 6 if any misrepresentation was made by Seller, Buyer could transfer the car back and have his 7 money back. Buyer says he later found out the car had had two owners before Seller, and that 8 the odometer had been turned back. Buyer says he asked to transfer the car back and get a 9 refund of his money, but that Seller refused. Plaintiff Buyer is now on the witness stand on 10 direct by his lawyer, Ms. Plaintlaw.] 11 12 Q. I show you what has been marked as Plaintiff’s Exhibit eleven for Identification and ask if 13 you can identify it? 14 A. That’s the contract I’ve been telling you about [in today’s testimony]. 15 Ms. Plaintlaw: I offer Plaintiff’s 11 into evidence. 16 Ms. Defcounsel: Your Honor, I object. This exhibit contains hearsay. There are 17 statements about the car’s ownership chain, mileage, and so forth. It’s highly 18 prejudicial. 19 Ms. Plaintlaw: Your Honor, this document has independent legal significance. It is the 20 contract in suit, which we are suing to enforce. Its contents are therefore not regarded as 21 statements. 22 The Court: Objection overruled. The exhibit will be admitted. 23 Q. What happened after you bought this car? 24 A. I found out there had been two prior owners; and that the odometer had been tampered with 25 – it really had a lot more miles on it. 26 Q. Did you go to see Seller about these thing you learned? 27 Ms. Defcounsel: Objection, leading the witness. 28 The Court: Sustained.

Hearsay Transcripts – p.4 1 Q. What did you do after you found these things out? 2 A. I went to see Seller about the situation. 3 Q. And what did he say? 4 Ms. Defcounsel: Objection, Your Honor, hearsay. 5 Ms. Plaintlaw: Your Honor, I am introducing the statements of Mr. Seller, which are 6 admissions and hence not hearsay. 7 Ms. Defcounsel: How can we know they are admissions when we haven’t heard what 8 was said or it is against the interest of Mr. Seller? I request that the Court first hear this 9 testimony outside the presence of the jury. And besides, how can it be an admission 10 when it is being testified to by Mr. Buyer, who has every reason to falsify what my 11 client allegedly said? 12

Hearsay Transcripts – p.5