Deposition of Scott Rothstein re - Trustee Services

1 [Short recess taken.]
Page 198
2 BY MR. PHILLIPS:
3 Q. The last question I believe was, are you
4 familiar with the concept of a dying declaration?
5 A. I am.
6 Q. What is that?
7 MR. GAY: Objection to form.
8 THE WITNESS: It's where someone is
9 literally on their death bed and they make a
10 statement that follows certain predicates set out by
11 the evidence code, and it's taken as a statement that
12 could be admissible in evidence.
13 BY MR. PHILLIPS:
14 Q. Meaning people who are about to die
15 generally tell the truth because they are on their
16 death bed, correct?
17 MR. GAY: Objection to form.
18 THE WITNESS: Well, that's the presumption
19 that the drafters of the evidence code utilized in
20 creating that rule, and then it's given to the jury
21 to decide whether or not it's truthful or not, to
22 weigh it, and they weigh other things like whether or
23 not the person was mentally stable at the time, on
24 medication, taking drugs, that type of thing.
25 BY MR. PHILLIPS: