FRE 803 Unrestricted Hearsay Exceptions Flashcards
What is the body text of FRE 803(1): Present Sense Impression?
(1) A statement describing or explaining an event or condition, made while or immediately after the declarant perceived it.
What are the elements of FRE 803(1): Present Sense Impression?
(1) Immediacy
(2) Perception
(3) Description
What duration does element (1) of FRE 803(1): Present Sense Impression cover?
Up to five seconds (for purposes of our exam).
Does FRE 803(1) Present Sense Impression allow you to whitewash hearsay?
No, the described hearsay would still be hearsay.
How would someone attempt to whitewash hearsay using FRE 803(1): Present Sense Impression?
The proponent puts a witness on the stand who says that they heard Bob say that he bought a new car.
Why is the following example inadmissible hearsay?
“The proponent puts a witness on the stand who says that they heard Bob say that he bought a new car.”
The witness’s testimony is attempting to get Bob’s statement in by using FRE 803(1): Present Sense Impression to whitewash it.
What is the Body Text of FRE 803(2): Excited Utterance?
(2) Excited Utterance. A statement relating to a startling event or condition, made while the declarant was under the stress of excitement that it caused.
What are the elements of FRE 803(2)?
(1) Exciting Stimulus
(2) Excitement at Time of Utterance
(3) Relation of Statement to Exciting Stimulus
Does the first element of FRE 803(2) require a positive stimulus due to the connotation of the word Exciting?
No, FRE 803(2) only requires that you be alarmed or surprised.
What duration does element (2) of FRE 803(2): Excited Utterance allow for?
It depends, but there’s a longer period of time allowed for children and it can be restarted if a new stimulus.
What is the body text of FRE 803(3): Then-Existing Mental, Emotional, or Physical Condition.
A statement of the declarant’s then-existing state of mind (such as motive, intent, or plan) or emotional, sensory, or physical condition (such as mental feeling, pain, or bodily health), but not including a statement of memory or belief to prove the fact remembered or believed unless it relates to the validity or terms of the declarant’s will.
What is the first section of FRE 803(3)?
The first section of FRE 803(3) is a rule of admission for statements concerning state of mind and bodily condition.
Why does the first section of FRE 803(3) allow for admission of statements concerning state of mind or bodily condition?
Because there is no one who is going to know better how a person feels than the person themselves.
What is the second section of FRE 803(3)?
The second section of FRE 803(3) is a rule of exclusion concerning statements or memory or belief to prove a fact remembered or believed.
Why does the first section of FRE 803(3) exclude admission of statements concerning state of mind or bodily condition that are attempting to prove a fact remembered or believed?
