Quote:
Originally Posted by ramonesfreak
um i hope your not a lawyer..hearsay is generally speaking, a statement made by an out of court declarant used to prove the truth of the matter asserted...if he made the statement, then its not hearsay at all
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You have it roughly half right.
Hearsay is any statement made outside a hearing or trial which is presented at the hearing or trial to prove the truth of the contents of the statement.
His testimony at his deposition is (1) a statement, (2) made outside a hearing or trial (a deposition is not a hearing or trial, it is discovery).
Therefore, if it were to be offered at trial (or in connection with a hearing such as an MSJ) to prove the truth of the content of the testimony, then it would be hearsay.