HEARSAY EXCEPTIONS

Question 1

EXCITED UTTERANCE

Answer 1

startling event required

declarations must be made while under stress of excitement

Question 2

PRESENT SENSE IMPRESSIONS

Answer 2

statement that describes or explains an even or condition and is made while or immediately after the declarant perceives it
- safe from defects in memory

Question 3

PRESENT STATE OF MIND

Answer 3

must usually be made under circumstances of apparent sincerity- used to establish the intent of a person either as a direct fact to be proved as such or as a basis for a circumstantial inference that the intent was probably carried out
admissible when state of mind is directly in issue and material to the controversy
admissible to show the subsequent acts of the decalrant
not admissible if memory or belief

Question 4

DECLARATIONS OF PHYSICAL CONDITION

Answer 4

1. statements of the declarant’s present physical condition, regardless of the purpose for which the statement is made (usually made to a spouse, friend or any other person) and
2. statements made for the purpose of obtaining medical diagnosis or treatment (includes past conditions) statement that describes person’s medical history, past or present symptoms or their inception or general cause is admissible if it was made and was reasonably pertinent to medical diagnosis or treatment

Question 5

BUSINESS RECORDS

Answer 5

1. entry made in the course of business activity:
   - hospital records (related to medical diagnosis and treatment)
   - police reports (in civil cases)
   - records prepared for litigation (not admissible generally)
2. must consist of matters within the personal knowledge of the entrant or within the personal knowledge of someone with a business duty to transmit such matters to the entrant
   - recorder need not have personal knowledge of event
   - informant must be under business duty to convey information
   - recorded statement may be admissible under other exceptions
3. entry made near time of event
4. authentication: authenticity must be established
5. Entrant need not be available
6. may be excluded if not trustworthy
7. use as evidence of no transaction
8. recorded recollection:

Question 6

OFFICIAL RECORDS AND OTHER OFFICIAL WRITINGS

Answer 6

public records and reports
admissibility requirements:
- duty to record
- entry near time of event
- may be excluded if not trustworthy- burden on opponent
records of vital statistics allowed
statements from the custodian of public records allowed in absence of record
certified judgement always admissible as proof that such judgment has been entered