Hearsay Flashcards
In FL, how are the five types of party-opponent admissions treated?
As EXCEPTIONS (not exemptions)
What is a present-sense impression under FL law?
spontaneous statements describing or explaining an event or condition made while the declarant was perceiving the event or condition are admissible EXCEPT when the statement is made under under circumstances that indicate it lacks trustworthiness. (the federal rule doesn’t include the provision about it being trustworthy)
When is then-existing mental, emotional or physical condition admissible in FL?
When the evidence is offered to:
(1) prove the declarant’s state of mind, emotion, or physical sensation at that time or any other time when such state is at issue in the action; or
(2) prove or explain acts of subsequent conduct of the declarant
How are recorded recollections admissible in FL?
Florida allows the admission of recorded recollections in the format of a memo or record concerning a matter about which the witness once had knowledge but now can’t recall to enable the witness to testify. But only if the memo or record was MADE by the witness. (the federal rule is more broad b/c it allows the admission of a memo or record that was made or ADOPTED by the witness
When are records of regularly conducted activities admissible in FL?
Same as the federal rule, except that when it’s an opinion or diagnosis, then FL treats it like expert testimony
How does FL treat learned treatises?
not allowed in FL to prove the truth of the matter asserted
How does FL treat party-opponent admissions?
They are a hearsay exception where the availability of the declarant is immaterial (this is a key difference with the federal rules!)
When is a declarant’s former testimony admissible? (when declarant being available is immaterial)
If either:
(1) the party against whom the testimony is now offered; or
(2) in a civil action,
a predecessor in interest or a person with a similar interest had an opportunity and similar motive to develop the testimony by direct/cross/redirect
Does FL allow for the admission of evidence of a final judgment?
Nope
Does FL allow judgments as proof of matters or personal, family, or general history or boundaries to be admissible?
Nope
In FL, when is a statement of a child victim admissible as a hearsay exception?
(1) if it’s made by a child of physical, mental, or emotional age of at least 16
(2) it describes acts of sexual abuse or unlawful acts of the like and can be admissible in any civil or criminal hearing; and
(3) the court finds in a hearing conducted outside the presence of the jury that the time, content, and circumstances of the statement provide sufficient safeguards of reliability
In FL, when is the statement of an elderly person or disabled adult admisisble?
Admissible when it describes any act of abuse, negligence, exploitation, battery/aggravated battery, assault/aggravated assault, sexual battery, or other violent act on the declarant IF:
(1) the court finds in a hearing conducted outside the presence of the jury that the statements are reliable; and
(2) the elderly/disabled person testifies or is unavailable as a witness
Does FL have a residual hearsay exception?
No
