All Hearsay Rules Flashcards
0
Q
Hearsay exceptions:
A
Declarant unavailable: former testimony, statements against interest, dying declarations. Declarant unavailability irrelevant: present state of mind, excited utterance, present sense impression, decl of phys condition, business recs, past recollection recorded, official recs, ancient docs, learned treatises, fam recs
1
Q
Name all nonhearsay:
A
Prior statements by witnesses (if made under penalty of perjury) if subject to cross. (Prior inconsistent statement.) prior identification is nonhearsay even if not under oath. Statements by opposing party and offered against that party (remember vicarious admissions as well)
