Hearsay Exceptions

Question 1

Declarant must be unavailable: forfeiture by wrongdoing aka witness tampering

Answer 1

Party engages in wrongdoing for the purpose of making a W unavailable for trial

Question 2

Declarant must be unavailable: former testimony

Answer 2

Declarant unavailable and had given testimony at a former proceeding/deposition, and it is admitted against a party or someone in privity who had the motive and opportunity to develop the statement

Question 3

Declarant must be unavailable: statement against interest

Answer 3

Declarant is unavailable and made a statement he knew was against his interest at the time the statement was made

Question 4

Declarant must be unavailable: dying declaration

Answer 4

Declarant unavailable

1. statement was made while be believed death was impending
2. it concerns the cause or circumstances of death; and
3. it is used in a homicide or civil case

Question 5

Declarant must be unavailable: statement of person or family history

Answer 5

Ex. birth date, marriage date

Question 6

Declarant must be unavailable: is it a criminal case?

Answer 6

If so, if the statement is testimonial, declarant is unavailable, and the D had no opportunity to cross examine the declarant = statement generally will not be admitted (6A confrontation clause)

Question 7

Declarant may be unavailable or available: present sense impression

Answer 7

Declarant describes/explains event as it is happening or immediately thereafter

Question 8

Declarant may be unavailable or available: excited utterance

Answer 8

1. there is a startling event
2. declarant makes a statement while under the stress of excitement; and
3. the statement relates to the event

Question 9

Declarant may be unavailable or available: then-existing mental, emotional, or physical condition

Answer 9

Declarant states his then-existing feelings, physical conditions, or intent

Question 10

Declarant may be unavailable or available: statement for medical treatment or diagnosis

Answer 10

Declarant makes a statement about past or present symptoms or the cause(s) to get diagnoses or treated

Question 11

Declarant may be unavailable or available: recorded recollection

Answer 11

1. W has insufficient recollection of the event, but he had former knowledge of the event at a former time
2. made or adopted a statement while the event was fresh in his memory; and
3. can vouch for the accuracy of the statement when made or adopted

Question 12

Declarant may be unavailable or available: business records

Answer 12

1. record made in the regular course of business
2. at or about the time the event occurred
3. that contains information observed by employees of the business (or an independent hearsay exception exists)

Question 13

Declarant may be unavailable or available: public records

Answer 13

made by an agency, but not police reports in criminal cases

Question 14

Declarant may be unavailable or available: learned treatises

Answer 14

read into evidence if an expert is on the stand

Question 15

Declarant may be unavailable or available: catch-all exception

Answer 15

for trustworthy statements

Question 16

Declarant may be unavailable or available: others

Answer 16

reputation about character, familial relations, etc.