Hearsay Exceptions Flashcards
When Declarant is Unavailable:
- Former Testimony
- Statements Against Interest
- Dying Declarations
- Statements of Personal of Family History
Former Testimony
- 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
Statements Against Interest
Made against the parties pecuniary, proprietary or penal interest
- personal knowledge
- against interest when it was made
Dying Declaration
Only for homicide or civil actions
- declarant believes death is imminent
- statement is about cause of circumstances of death
Statements of Personal of Family History
Statements concerning birth, marriage, divorce, death, relationship etc
- most jurisdictions require declarant to be a family member
Excited Utterance
- startling event
- statement made under stress of excitement
Present Sense Impression
- describes or explains event or condition while or immediately after declarant perceives it
Present State of Mind
- 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
Declarations of Physical Condition (two types)
- Statement of Present Bodily Condition
2. Statement Made for Medical Diagnosis and Treatment
Statement of Present Bodily Condition
- don’t have to be made to a doctor
- relate to symptoms
Statement Made for Medical Diagnosis
describes a person’s medical history, past or present symptoms, inception or general cause
- if made for medical diagnosis or treatment
Records of Regularly Conducted Activity - Business Records
- Records of any type of business or organization
- Made in regular course of business
- Business regularly keeps these records
- Made at or nearnthe time of the event recorded
- Contents consist of information observed by employees of the business
Recorded Recollection
Memo if the declarant’s memory cannot be revived
Official Records and Other Official Writings
Recording
- activities of the office or agency
Ancient Documents
Any authenticated document prepared before 1998
Documents Affecting Property Interests
If the statement is relevant to the document’s purpose
Learned Treatises
Substantive evidence if:
- called to the attention of expert or relied on by them
AND
- established as reliable authority
Reputation
Concerning:
- person’s character
- personal or family history
- land boundaries
Family Records
statements of fact concerning personal or family history
Market Reports
if generally used and relied upon by the public or persons in a particular occupation
Residual Catch-All
- Trustworthiness
- Necessity (more probative than any other piece of evidence
- Notice to Adversary (in writing before trial or hearing)
