E. Hearsay Flashcards
What is Hearsay?*
1) Oral/Written out-of-court statement
2) Offered for truth of matters they assert
When may Hearsay be received into evidence?*
1) Exception applies
2) Proponent demonstrates reliability of evidence
- Declaration spoken under circumstances rendering it highly probable that it is truthful
What is Admission?*
1) Party’s act/declaration
- Party’s Silence/Equivocation + NOT refuting it => Admission by Silence allowed
2) Constitutes evidence vs himself at trial
NO actual knowledge required
What is required for Employee’s/Agent’s hearsay statement to be admissible against own Employer (as Admission)?*
Statement was made within scope of Employee’s/Agent’s authority
- On behalf of Employer
What is the difference of admissibility of Admission between NY and Federal Rules?
NY rules
- Admissible under hearsay exceptions
Federal rules
- Admissible as non-hearsay
What is required for Present Sense Impressions to be admissible?*
1) Statement describes/explains event/condition
2) Made while/Immediately after Declarant was perceiving event/condition (personal knowledge)
- ‘Marginal time lag’ between event + description allowed!!!
3) Content is corroborated by independent proof
- Must serve to support statements’ substance + content
What is required for Hospital Records to be admissible?
Information relates to Patient’s diagnosis/prognosis/treatment
Information helps in understanding medical/surgical aspects of hospitalisation
What is required for Business Record to be admissible to prove truth of its contents?
1) Made in regular course of any business
2) Made in regular course of SUCH business
3) At time of act recorded/after reasonable time
4) Record Maker either;
- Had actual knowledge of act (otherwise affects weight, NOT admissibility)
- Received info from someone within business who had actual knowledge + under ‘business duty’ to report info
What is required if secondary evidence is NOT available?
Original records
Copies/Reproductions
- If copies were prepared in regular course of business
Are electronic records admissible?
Yes
- Electronic records
- Electronic signatures
What is required for Witness’ former trial testimony to be used to contradict/impeach Witness in subsequent testimony?
1) Former trial involved same parties + same subject matter
2) Court finds either;
- W is NOT available (death/age/sickness/infirmity/imprisonment)
- W is +100 miles from trial location/out of state
- Party procured diligent efforts BUT attendance NOT procurable
- Exceptional circumstances make its use desirable
What is required for Party’s former trial testimony to be admissible as evidence-in-chief?
1) Testimony offered by party ‘adversely interested’
2) Person is (at time of testimony);
- Officer
- Director
- Member
- Employee
- Agent
When may Physician’s prior testimony be admissible?
Admission is NOT prejudicial under circumstances
NO need to show unavailability/special circumstances
When may Witness’ prior criminal trial testimony be admissible at subsequent proceeding?
Witness, at time of subsequent proceeding, is either;
- NOT able to attend (death/illness/incapacity)
- NOT discoverable (by due diligence)
- Outside State/In Federal Custody + NOT discoverable (by due diligence)
What is required for Excited Utterance to be admissible?*
1) Statement ‘spontaneously’ made
2) By Participant/Witness/Bystander in event
3) Based on actual knowledge
4) Under stress of nervous excitement resulting from startling event
- UNLESS other activities during that time contradict otherwise
