Verbal Act

Verbal Acts, also known as "operative words," are statements that have legal significance or create legal consequences independently of the truth of the content asserted in the statement. These statements are not considered hearsay because their relevance lies in the fact that they were made, rather than in the truthfulness of the content.

IRI: http://lmss.sali.org/RgDCTIWJmAmtP06Wgn3PEn
Branch: Objectives

Also known as

Operative Words

Examples

In a contract case, the witness can testify to this verbal act: “I heard Smith say: ‘I will sell you Property X if you sell me Property Y.’”
In a defamation case, a witness can testify: “Smith said that Jones was a socialist.”
In an injury case, a witness could testify about hearing plaintiff cry out after the accident -- statements like “Call for help!” -- where the statement demonstrates that the plaintiff was conscious.

Ancestry path

Objectives Litigation Objectives Evidentiary Objectives Testimonial Objectives Hearsay Avoidance Objectives Non-Hearsay Out-of-Court Statement Objective

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