hearsay exceptions Flashcards
hearsay exceptions - declarant unavailability required
1) former testimony
2) statements against interest
3) dying declarations
4) statements of personal/family history
5) statements offered against party procuring declarant’s unavailability
hearsay exceptions - declarant unavailability immaterial
1) present state of mind
2) excited utterances
3) present sense impressions
4) physical condition for med diagnosis/treatment
5) past recollection recorded
6) business records
7) public records/reports
8) judgments and prior convictions
9) ancient documents
10) documents affecting property interests
11) learned treatises
12) family records
13) market reports
declarant unavailability
1) privilege
2) death or physical/mental sickness
3) refusal to testify despite a court order
4) lack of memory
5) absent
former testimony exception
declarant is 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
statement against interest
declarant is unavailable and made a statement he knew was against his interest at the time the statement was made
dying declaration exception
1) declarant unavailable
2) statement made while he believed death was impending
3) concerns cause/circumstances of death
4) used in a homicide or civil case
present sense impression exception
admissible if:
1) describes or explains an event or condition and
2) is made contemporaneously with the event or immediately after
excited utterance exception
admissible if:
1) relates to a startling or exciting event or condition and
2) was made while the declarant was under the stress/excitement of the event
statement concerning present state of mind or condition
admissible if they concern a declarant’s state of mind, emotion, sensation, or physical condition existing at the time the statement was made
statement of physical condition for diagnosis/treatment
1) statement must be made to medical personnel
2) statement must be pertinent to assisting in the diagnosis/treatment of a condition
business records exception
hearsay statements in the form of business records are admissible if they are:
1) a record or transaction recorded by a business or organization
2) made in the regular course of business
3) made by someone with knowledge at or near the time of the matters described
4) authenticated or certified in writing
admissibility of police reports
in criminal cases, police reports or other criminal investigative reports are inadmissible against the defendant as business records or public records
public records exception
a public office/agency record is admissible if it:
1) describes the activities of a public office or agency
2) describes either matters observed pursuant to a duty imposed by law, or factual findings resulting from an investigation made pursuant to authority granted by law
3) is made by a public employee within their scope of duty and
4) is made at or near the time of the event
absence of a public record
certification or testimony from a public official that a diligent search failed to find a record is admissible to prove that the record does not exist or prove that a matter did not occur
