Advocacy – plea in mitigation

Question 2

What is the first step in making a hearsay application?

Answer 2

Identify whether the hearsay issingleormultiplehearsay.

Question 3

What must be established for single hearsay to be admissible?

Answer 3

Single hearsay is inadmissible unless it falls under one of the following exceptions:
1) Under statute
2) By rule of law
3) By agreement of the parties
4) In the interest of justice

Question 4

What considerations apply to multiple hearsay?

Answer 4

For multiple hearsay, consider whether it:
- Is contained in a business document
- Includes inconsistent or consistent statements
- Is agreed upon by all parties
- Has such high value that it is in the interests of justice

Question 5

What should be done after identifying the type of hearsay?

Answer 5

Apply thetest from the relevant exceptionto determine admissibility.