Hearsay-800s

Question 1

What is Rule 801 definition of a “statement”?

Answer 1

Rule 801 defines a “statement” as (1) an oral or written assertion or (2) non-verbal conduct of a person if it is intended by the person as an assertion.

Question 2

What is Rule 801 definition of a “declarant”?

Answer 2

Rule 801 defines a “declarant” as a person who makes a statement.

Question 3

What is Rule 801 definition of “hearsay”?

Answer 3

Rule 801 defines “hearsay” as 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 mater asserted.

Question 4

Why is hearsay inherently unreliable?

Answer 4

Hearsay is inherently unreliable because it lacks the safeguards of cross-examination, oath, and the opportunity to observe the demeanor of the witness.

Question 5

Under 804, what are the criteria for a witness being unavailable?

Answer 5

804(a) a declarant is considered to be unavailable as a witness if the declarant: (6 criteria)

1) is exempted by ruling of the court on the grounds of privilege from testifying on the subject matter;
2) refuses to testify about the subject matter despite a court order to do so;
3) demonstrates a lack of memory of the subject matter of the declarant’s statement;
4) is unable to be present or testify because death or then existing physical or mental illness;
5) is absent from the hearing and the proponent of a statement has been unable to procure the declarant’s attendance by process;
6) for civil depo only - is greater distance than 100 miles from the place of trial or hearing