Hearsay

Question 1

Hearsay

Answer 1

Hearsay is an out of court statement by a declarant, offered for the truth of the matter asserted. Evidence/ statements cannot come in if they are hearsay, unless an exception or exemption applies.

Question 2

Business record

Answer 2

Under this exception, business records that include public or private entities are admissible if they were made at or near the time of the occurrence or from information with someone of knowledge, the records were made during the regular course of business, and keeping the records was the regular conduct of business and all of this can be shown by testimony of a custodian

Question 3

Public records

Answer 3

Public records are exception where made by a public employee in the scope of their business, closely after an event, act, condition, and that shows reliability in its making.
CEC> no opinion or diagnosis, and party introducing has the burden must show trustworthiness.
FRE> opinion can be made (both public records and business records)

Question 4

Former testimony

Answer 4

Declarant former testimony can come in. If it was made under oath during deposition or trial and the opposition had the opportunity or motive to examine it. The exception applies when the declarant is unavailable.

CEC> civil cases, will allow a predecessor in interest who was present in earlier proceedings.
FRE> civil cases, will allow anyone with similar interest to present in earlier proceedings.