Hearsay

Question 1

Are statements in documents that purport to affect a property interest excepted from hearsay?

Answer 1

Yes, IF
1. the matter stated was relevant to the docs. purpose
AND
2. later dealings with the prop do not contradict the truth of the statement or the purport of the document

Question 2

What is the recorded recollection hearsay exception?

Answer 2

A record is admissible as a recorded recollection that:
1. concerns a matter a witness once knew but cannot recall,
2. the witness made or adopted when the matter was fresh in mind,
AND
3. accurately reflects the witness’s personal knowledge

Question 3

What is included in the “then-existing state of mind” hearsay exception?

Answer 3

Statements of motive, intent, or plan are all exceptions to hearsay.

Question 4

Excited utterance hearsay excpetion

Answer 4

a statement relating to a startling event or condition that is made while the declarant is under the stress of excitement caused by the event or condition.

This type of hearsay is allowed regardless of the declarants availability.

Question 5

Hearsay exception for former testimony

Answer 5

Allows admission of testimony:
1. goven at a trial, hearing, or depostition in the same case or a different proceding that involved similar parties and issues
AND
2. offered against a party who had an opportunity and similar motive to develop that testimony through direct or cross exam.

Question 6

What is the residual hearsay exception?

Answer 6

-

Question 7

Statements of fact about personal or family history contained in a family record hearsay exception

Answer 7

Are an exception to hearsay, regardless of the dec. availability.

examples include:
- family bible
- genealogy
- family chart
- engraving on ring or urn
- inscription on portrait
- engraving/ inscription on burial marker aka tombstone

Question 8

What is he bussiness record exception to hearsay?

Answer 8

Not hearsay if they were made:
1. made near the time of the recorded event.
2. made by or based on information from one with personal knowledge
AND
3. made and kept asa regular practice in the course of regular business activites.

Question 9

Are personal notes made at work admissible under the bussiness records excemption?

Answer 9

No, they are not considered bussiness records.