Hearsay

Question 1

Hearsay

Answer 1

Hearsay is an out of court statement offered to prove the fact of the matter asserted. Hearsay is inadmissible unless an exception or exemption applies.

Question 2

Non hearsay

Answer 2

There are 4 categories that are considered nonhearsay:

1. Prior identification
2. Prior inconsistent testimony
3. Prior consistent statement for motive/ influence
4. Statement of opposing party

Question 3

Nonhearsay to prove it was said

Answer 3

1. Verbal or legal act
2. State of mind
3. Effect on listener

Question 4

Hearsay exception requiring declara to to be unavailable

Answer 4

FDA and HR

1. Former testimony
2. Dying declaration
3. Statement against interest
4. History (family or personal)
5. Residual

Question 5

Hearsay exceptions

Answer 5

(PETSRR)

1. Present sense impression
2. Excited utterance
3. Then expiating state of mind
4. State meme for medical treatment
5. Recorded recollection
6. Records

Question 6

Former testimony exception

Answer 6

1. Unavailable
2. Testimony given at prior proceeding
3. Admitted against party that had same motive and opportunity to develop statement.

Question 7

Dying declaration exception.

Answer 7

1. Unavailable
2. Made under belief of impending death
3. Relates to cause or circumstances of death
4. Homicide or civil cases only

Question 8

Statement against interest

Answer 8

1. Unavailable

2. Made statement that declarante knew was against his interest at the time they made it.

Question 9

History

Answer 9

Statement made regarding person or family history such as birthdates and marriage

Question 10

Present sense impression

Answer 10

1. Statement that describes or explains an event

2. While it’s happening or immediately after

Question 11

Excited utterance

Answer 11

Statement made in response to event while declarante is under stress of event and statement related to the event.

Question 12

Business record exception

Answer 12

1. Record made in regular course or business
2. Regular practice of business to make record
3. Made by person with duty or knowledge
4. At or around the time of the matter described

Question 13

Then exhausting state of mind

Answer 13

1. Then existing state of mind (MIMIC) or

2. Emotional sensory or physical condition

Question 14

Statement made for medical diagnosis or treatment

Answer 14

1. Made and reasonable pertinent to medical diagnosis and treatment
2. Describes medical history or symptoms

Question 15

Past recollection recorded

Answer 15

Record made on matter witness once knew about but now cannot remember enough to testify fully and accurately.