Hearsay Flashcards
Inconsistent Statements and Testifying Declarants
In GA, a witness’s prior inconsistent statement is not hearsay if they testify and are subject to cross examination, even if it wasn’t made under oath
Additionally, any type of statement by a testifying witness is considered non-hearsay if the statement would otherwise be admissible under a hearsay exception
Statements by opposing party
GA refers to them as admissions by a party opponent
When an admission is offered by one party, the other party has a right to have the whole statement and all conversations connected with it admitted into evidence.
Admissions by Agents and Employees
GA - statements of governmental agents are not admissions of the state in a criminal case (federal courts generally agree)
Admissions by Co-Conspirators
GA - the hearsay exclusion applies even when the statements were made during the concealment phase of the conspiracy, so long as the statements were made in furtherance of the conspiracy. (federal courts generally agree)
Present State of Mind
GA - expressly limits statements of intent to the declarant’s own intent, and not the intent of third parties
Statements by Child Abuse Victims (medical diagnosis)
GA - may admit a child abuse victim’s statements that identify the abuser if the following reliability factors are met:
1) the declarant’s motive in making the statement must have consisted with the purpose of promoting treatment
2) the content of the statement of of a type reasonably relied on by a physician in treatment or diagnosis
NOTE - these statements may also be admissible under GA’s exception for child sexual conduct
Public Records Exception
GA - a public record cannot be admitted under the business record exception if it fails to meet the requirements of the public records exception (can’t back door it)
Ancient Documents
Fed - ancient document hearsay exception applies to statements in an authenticated document that was prepared before 1998
GA - ancient documents hearsay exception applies to statements in authenticated document that is at least 20 years old.
Learned Treatises
Fed - the hearsay exception applies when the treatise if either called to the attention of an expert witness upon cross-examination or relied upon by an expert during direct
GA - the exception only applies on cross examination of the expert witness
Child Description of Sexual Conduct
An out of court statement by a child younger than 16 describing an act of sexual contact or physical abuse performed with or on the child or on another in the presence of the child, is admissible by testimony of the person to whom the statement was made, if the following requirements are met:
1) the proponent must provide notice to the adverse party prior to trial of their intention to use the statement
2) the person to whom the statement was made must be subject to cross examination regarding the statement at the time of their testimony; and
3) the child must testify at trial, unless such testimony is forfeited or waived by the adverse party
Medical Records
In a CIVIL case involving INJURY or DEATH, a medical report in narrative form is admissible to the extent it purports to represent the history, examination, diagnosis, treatment, prognosis, or interpretation of tests by the person signing the report. The OPINON of the person singing the report regarding the origin or the injury or disease MAY be included as part of the diagnosis. The report must be signed and dated by an examining or treating doctor.
The report and notice of intent to produce it must be given to the other party 60 DAYS BEFORE TRIAL. The proponent may introduce testimony of the person signing the report for the purpose of supplementing the report or otherwise. An adverse party is entitled to cross examine the person signing the report and to present rebuttal testimony.
