Hearsay Flashcards
A statement is…
an oral or written assertion, or nonverbal conduct of a person, if it is intended as an assertion.
A declarant is…
a person who makes a statement.
Hearsay is a statement…
other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.
A prior statement is hearsay if…
offered to prove the truth of the matters it asserts.
but it may be admissible under an exception.
A prior inconsistent statement of the witness is admissible only for…
impeachment of the witness’s credibility.
Prior consistent statements may be used to…
rehabilitate a witness’ credibility.
Five hearsay exceptions are available only if the declarant is dead or otherwise unavailable. These are…
- Former testimony;
- Statements under belief of impending death;
- Statements against interest;
- Statements of personal or family history; or
- Statements by a party incapable of testifying.
Hearsay within hearsay is not admissible unless…
each part of the combined statement conforms with an exception to the hearsay rule.
If a hearsay statement is admitted into evidence when the declarant is unavailable, can the declarant’s credibility be impeached?
Yes – by any evidence that would have been admissible if the declarant had actually testified.
In Virginia, an out of court statement made by a criminal defendent is…
admissible as a party admission.
