Hearsay Exceptions

Question 1

When Declarant is Unavailable:

Answer 1

• Former Testimony
• Statements Against Interest
• Dying Declarations
• Statements of Personal of Family History

Question 2

Former Testimony

Answer 2

• Given at trial, hearing, or dep
• Similarity of parties and issues
• Party that the hearsay is offered AGAINST was a party in the previous action

Question 3

Statements Against Interest

Answer 3

Made against the parties pecuniary, proprietary or penal interest

• personal knowledge
• against interest when it was made

Question 4

Dying Declaration

Answer 4

Only for homicide or civil actions

• declarant believes death is imminent
• statement is about cause of circumstances of death

Question 5

Statements of Personal of Family History

Answer 5

Statements concerning birth, marriage, divorce, death, relationship etc
- most jurisdictions require declarant to be a family member

Question 6

Excited Utterance

Answer 6

• startling event

- statement made under stress of excitement

Question 7

Present Sense Impression

Answer 7

• describes or explains event or condition while or immediately after declarant perceives it

Question 8

Present State of Mind

Answer 8

• motive, intent, plan
• emotional, sensory, physical condition
• state of mind must be in issue and material or subsequent acts of the declarant
• not memories or beliefs

Question 9

Declarations of Physical Condition (two types)

Answer 9

1. Statement of Present Bodily Condition

2. Statement Made for Medical Diagnosis and Treatment

Question 10

Statement of Present Bodily Condition

Answer 10

• don’t have to be made to a doctor

- relate to symptoms

Question 11

Statement Made for Medical Diagnosis

Answer 11

describes a person’s medical history, past or present symptoms, inception or general cause
- if made for medical diagnosis or treatment

Question 12

Records of Regularly Conducted Activity - Business Records

Answer 12

1. Records of any type of business or organization
2. Made in regular course of business
3. Business regularly keeps these records
4. Made at or nearnthe time of the event recorded
5. Contents consist of information observed by employees of the business

Question 13

Recorded Recollection

Answer 13

Memo if the declarant’s memory cannot be revived

Question 14

Official Records and Other Official Writings

Answer 14

Recording

- activities of the office or agency

Question 15

Ancient Documents

Answer 15

Any authenticated document prepared before 1998

Question 16

Documents Affecting Property Interests

Answer 16

If the statement is relevant to the document’s purpose

Question 17

Learned Treatises

Answer 17

Substantive evidence if:
- called to the attention of expert or relied on by them
AND
- established as reliable authority

Question 18

Reputation

Answer 18

Concerning:

• person’s character
• personal or family history
• land boundaries

Question 19

Family Records

Answer 19

statements of fact concerning personal or family history

Question 20

Market Reports

Answer 20

if generally used and relied upon by the public or persons in a particular occupation

Question 21

Residual Catch-All

Answer 21

• Trustworthiness
• Necessity (more probative than any other piece of evidence
• Notice to Adversary (in writing before trial or hearing)