WALKER v. CITY OF OREM

Full title: DAVID WALKER, Plaintiff, v. CITY OF OREM, et al., Defendants

Court: United States District Court, D. Utah, Central Division

Date published: Oct 9, 2007

Case No. 2:02-CV-253 TS (D. Utah Oct. 9, 2007)

Opinion

Case No. 2:02-CV-253 TS.

October 9, 2007

MEMORANDUM DECISION AND ORDER GRANTING DEFENDANT PETERSON'S MOTION IN LIMINE TO EXCLUDE DEBBIE WALKER'S HEARSAY STATEMENTS

TED STEWART, District Judge

This matter comes before the Court on Defendant Peterson's Motion in Limine to Exclude Debbie Walker's Hearsay Statements.¹ Plaintiff filed an Opposition addressing this Motion.²

1 Docket No. 317.

2 Docket No. 357 at 4.

Defendant argues that Debbie Walker's ("Ms. Walker") testimony regarding a telephone conversation between her son, David Walker ("Walker"), and his wife is inadmissible hearsay under Rule 802 of the Federal Rules of Evidence. Defendant also argues that the testimony is also irrelevant and should be excluded under Rules 402 and 403. Plaintiff argues that because the statements are not being offered for their truth, they are not hearsay and are relevant to provide context for Walker's suicidal condition.

Rule 801 defines hearsay as "a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted."³ Rule 802 states that hearsay is not admissible unless an exception applies.⁴

3 F.R.E. 801(c).

4 F.R.E. 802.

The statements made by Debbie Walker regarding the telephone conversation between Walker and his wife are not being offered for the truth of the matter asserted. Therefore, they are not hearsay. However, the Court finds that their probative value is substantially outweighed by the danger of unfair prejudice and confusion of the issues. It is therefore

ORDERED that Defendant Peterson's Motion in Limine to Exclude Debbie Walker's Hearsay Statements (Docket No. 317) is GRANTED.