Hearsay Exceptions Flashcards
What are two hearsay exceptions based on what the declarant perceives?
- Present-sense impressions describing an event or condition declarant is then perceiving, and
- Excited utterances made under the stress of a startling event, are hearsay exceptions, declarant available or not for each.
How does law treat hearsay describing declarant’s own state? (Exception)
Statement of then-existing state of mind or mental or physical condition is an exception, declarant available or not.
How does law treat statements for diagnosis or treatment? (Exceptions)
Statements made for medical diagnosis or treatment are a hearsay exception, declarant available or not, when reasonably necessary for that purpose.
What is a past recollection recorded?
Past recollection recorded, where the witness once knew but now cannot recall and made the record when fresh in mind, is a hearsay exception, declarant available or not, the record read into evidence but not received as an exhibit unless the opposing party offers it.
When are business records allowed into evidence?
Records of a regularly conducted activity, made on own knowledge or when received from another, are another hearsay exception, declarant available or not, when kept in the course of regularly conducted activity.
When are public records allowed into evidence?
Public records stating the activities of a government office under a legal duty to report are a hearsay exception, declarant available or not.
How may a party use a learned treatise?
Statements in learned treatises, periodicals, or pamphlets are a hearsay exception, declarant available or not, if expert testimony or judicial notice establishes as reliable authority, when called to an expert’s attention on cross-examination or on direct examination to show reliance.
When may a party use prior testimony?
When declarant is unavailable due to privilege, death, illness, memory, or disappearance, a hearsay exception exists for prior testimony that the declarant gave as a witness at a trial, hearing, or deposition in any proceeding, if the opposing party or predecessor in interest had an opportunity to examine.
When may a party use an opposing party’s admissions?
When declarant is unavailable, a hearsay exception exists for statements against interest that a reasonable person in the declarant’s position would have made only if believing its truth because contrary to the declarant’s interest, although when offered against a criminal-case defendant, corroboration must clearly indicate the statement’s trustworthiness.
Present-sense impressions describing ________________ declarant ___________, and excited utterances made under ________________, are hearsay exceptions, declarant available or not.
an event or condition
is then perceiving
the stress of a startling event
Statement of then-existing state of mind or _________ is an exception, declarant available or not.
mental or physical condition
Statements made for medical diagnosis _________ are a hearsay exception, declarant available or not.
or treatment
Past recollection recorded, where the witness _________ cannot recall _______________, is a hearsay exception, declarant available or not. The record may be _____________ but not __________ unless the opposing party offers it.
once knew but now
and made the record when fresh in mind
read into evidence
received as an exhibit
Records of a regularly conducted activity, ____________________, are another hearsay exception, declarant available or not.
made on own knowledge or when received from another
Public records stating the activities of __________ under a________________ are a hearsay exception, declarant available or not.
a government office
legal duty to report
