EVIDENCE - HEARSAY

Question 1

what is hearsay?

Answer 1

• a statement
• other than one made by declarant while tesitfying at trial/hearing
• offered in evidence to prove truth of the matter asserted

Question 2

what is the general admissability rule for hearsay?

Answer 2

• if statement hearsay
  
  • and no exception applies
  • evidence must be excluded upon proper objection

Question 3

what is a statement for purposes of hearsay?

Answer 3

1. oral or written assertion; or
2. nonverbal conduct intended as an assertion
   
   • E.G. nod of head

Question 4

what are examples of out-of-court stmts that are not hearsay?

Answer 4

1. verbal acts or legally operative facts
   
   1. e.g. words of contract
   2. defamatory words
2. stmts offered to show their effect on listener or reader
   
   • e.g. to prove notice in negligence case
3. stmts offered as circumstantial evidence of declarant’s state of mind
   
   • e.g. evidence of insanity or knowledge

Question 5

hearsay requires an out-of-court statement by a person.

Answer 5

• no such thing as animal or machine hearsay
  
  • testimony about radar gun
  • or what drug sniffing dog did
    
    • not hearsay (can be admitted)

Question 6

following statements are NOT hearsay (and thus do not require an exception):

Answer 6

• prior consitent and inconsistent statements by witnesses
• statement by or attributable to opposing party

Question 7

what stmts made by prior testifying witness are not hearsay?

Answer 7

• prior stmt inconsistent with declarant’s in-court testimony
  
  • and given under penalty of perjury at prior proceeding
• prior stmt consistent with declarant’s in-court testimony and
  *