Hearsay & Exceptions Flashcards
Hearsay/Define
Hearsay is an out of court statement offered to prove the truth of the matter asserted. It is generally not admissible, but there are exceptions.
Hearsay Exceptions/Business Record
Business or Public records are admissible if [made in the regular course of business], [at or near the time of the event], and based on the personal knowledge of the entrant who has an authority to record or someone with the duty to transmit information to the entrant.
Hearsay Exceptions/Business Record - Hospital Record
Hospital records are generally admissible if they relate to medical diagnosis or treatment of the patient.
Hearsay Exceptions/Business Record - Police Report
Police reports may qualify as business records in civil cases.
Hearsay Exceptions/Dying Declaration
Dying declaration is admissible. It is a statement made by an unavailable witness when he believes his death is imminent. ***
Hearsay Exceptions/Excited Utterance
Excited Utterance is admissible. It is statement made by a witness during or soon after a startling event, while under the stress or excitement caused by the event
Hearsay Exceptions/Present Sense Impression
Present sense impression is admissible. It is a statement made by a witness describing or explaining an event while perceiving it or immediately thereafter.
Hearsay Exceptions/Bodily Condition
Present bodily condition is admissible. It is a statement generally made by a witness about present pain or symptoms. Past bodily condition is admissible if made to a medical doctor or personnel to assist diagnosis or treatment. [Note: Physician-patient privilege is waived by patient when he introduces his medical record at trial].
Hearsay Exceptions/Present State of Mind
A statement of intent to do something in the future is admissible to show the intent was carried out.