Hearsay

Question 1

Declarant must be unavailable

Answer 1

1) Former Testimony of declarant, 2) statement against interest, 3) dying declaration 4) statement of personal/family history 5) statement offered against party who caused declarant’s unavailability

Question 2

Learned Treatise

Answer 2

It is hearsay, but an exception if it is 1) relied on by expwert or is called to his attention during cross, 2) established as reliable by witness, another expert or judicial notice. Treatise isn’t let into evidence but rather relevant section is read in.

Question 3

Hearsay exceptions when the declarant must be unavailable

Answer 3

1) Former Testimony; 2) Statements against interest, 3) Dying declarations 4) Statements of Personal or Family History, 5) Statements Offered Against Party Procuring Declarant’s Unavailability

Question 4

What is NOT hearsay?

Answer 4

Prior Statements by Witness (prior identification, prior consistent statement after being challenged; Prior inconsistent statements)
2) Statements by an Opposing Party (any statement made by a party and offered against that party)