Evidence Condensed Flashcards
Excited Utterance
Statement relating to a startling event - made while under the stress of excitement from event.
Look for exclamation marks!!!!
It doesn’t matter if the witness is available
Present Sense Impression
Statement that explains or describes an event or condition and is made during or immediately after the event.
(Like an excited utterance but without the swear words and exclamation marks)
It doesn’t matter if the witness is available.
Present State of Mind
Declarant makes a statement about their then existing state of mind - motive, intent, plan, or emotional, sensory, or physical condition
Statement is made contemporaneously with the state of mind.
Statements about physical condition are also covered under this exception.
It doesn’t matter if the witness is available.
Statement for medical diagnosis or treatment
Medical history, past or present symptoms, general cause of symptoms
It doesn’t matter if the witness is available.
Business Records
Records kept in the regular course of business
If person keeping records has regular duty to make the entry.
If circumstances suggest that there’s reason to doubt the trustworthiness of the record, then it might not be automatically admitted.
It doesn’t matter if the witness is available.
Public Records
Birth, marriage, death records.
-Not admissible against a criminal defendant.
It doesn’t matter if the witness is available.
Recorded Statement
Witness cannot testify fully/accurately about the contents even after review
Witness had personal knowledge of facts when record was made (fresh in their mind)
Record was made by witness/under their direction (or they adopted it)
It doesn’t matter if the witness is available.
Ancient Documents
Allows an authenticated document to be admissible in evidence if it was prepared before January 1, 1998
It doesn’t matter if the witness is available.
Catch all Hearsay Exception
Other hearsay statements at “the court’s discretion.”
If trustworthy, and strictly necessary, and notice given.
It doesn’t matter if the witness is available.
Hearsay within hearsay
All statements must fall within an exception
Both inner and outer hearsay.
It doesn’t matter if the witness is available.
Hearsay Exceptions - Availability of the Declarant is Immaterial
Excited Utterance
Present Sense Impressions
Present State of Mind
Statement for Medical Diagnosis or Treatment
Business Records
Public Records
Recorded Statement
Ancient Documents
Catch All Exception - “Court’s discretion”
Hearsay Exceptions -
Declarant MUST be UNAVAILABLE
Unavailable:
Death
Incapacitation by physical/mental illness
Testimonial privilege
Refusal to testify despite a court order
Inability to remember
Absence
Former Testimony
Given under oath, other party had opportunity and similar motive to examine
Declarant must be unavailable
Statements Against Interest
Statement from a non-available declarant that was against monetary, property, or penal interest at the time it was made
Declarant must have personal knowledge
Declarant must be unavailable
Criminal cases require outside evidence
Dying Declarations
Applies in homicide prosecutions + civil cases
Now-unavailable declarant believed their death was imminent.
The statement concerned its causes or circumstances
Declarant must have personal knowledge & be unavailable
