Hearsay Exceptions: Class 11 Flashcards
803(1)
The following are not excluded by the rule against hearsay:
(1) Present Sense Impression. A ________ describing or _______ an event or ________, made while or immediately after the declarant ______ed it.
(1) Present Sense Impression. A [statement] describing or [explaining] an event or [condition], made while or immediately after the declarant [perceiv]ed it.
803(2)
The following are not excluded by the rule against hearsay:
(2) Excited Utterance. A ________ relating to a _______ ________ or condition made while the declarant was under the ______ or _______ that it caused.
(2) A [statement] relating to a [startling event] or condition made while the declarant was under the [stress] or [excitement that it caused.
Excited Utterance:
Declarant spoke while excited by the event (______ standard)
Statement related to the ____ _____ the excitement.
Declarant spoke while excited by the event ([subjective] standard)
Statement related to the [event causing] the excitement.
803(3): Then-Existing Mental, Emotional, or Physical Condition
“A statement of the ______’s then existing state of mind (such as motive, intent, or ___) or emotional, sensory, or _______ condition (such as mental feeling, pain, or [____ ____]), but not including a statement of memory or belief to prove the fact ________ or ________ unless it relates to the validity or terms of the declarant’s ____.”
“A statement of the [declarant]’s then existing state of mind (such as motive, intent, or [plan]) or emotional, sensory, or [physical] condition (such as mental feeling, pain, or [bodily health]), but not including a statement of memory or belief to prove the fact [remembered] or [believed] unless it relates to the validity or terms of the declarant’s [will].”
State of Mind or Not Covered by 803(3)
- I’m hungry
- I’m hungry because I had only salad for lunch
- I’m angry
- I’m angry because Tim stole $20 from me
- I’m bored because hearsay is useless information.
- I’m bored
- State of Mind
- Not Covered by 803(3)
- State of Mind
- Not Covered by 803(3)
- Not covered by 803(3)
- State of Mind
Statement: Hey Tess, last week, I accepted a job with the U.S. Attorney’s office.
Can Tess testify about Meredith’s statement to show she had a job with the U.S. Attorney?
- Yes, state of mind
- Yes, not hearsay
- Yes, excited utterance
- No hearsay
- No, hearsay
Statement: Hey Tess, last week, I accepted a job with the U.S. Attorney’s office.
Can Tess testify about Meredith’s statement to show she was in a positive mood?
- Yes, state of mind
- Yes, not hearsay
- Yes, excited utterance
- No, hearsay
- Yes, state of mind
2. Yes, not hearsay
803(4) Statements Made for Medical Diagnosis or Treatment
The following are not excluded by the rule against hearsay, regardless of whether the declarant is available as a witness:
A statement that
(A) is ____ ___ – and is reasonably ______ to medical diagnosis or _______; and
(B) describes
+ medical ______;
+ _____ or present symptoms or _______; their _______; or
+ their general ______.
A statement that
(A) is [made for] – and is reasonably [related] to medical diagnosis or [treatment]; and
(B) describes
+ medical [history];
+ [past] or present symptoms or [sensations]; their [inception]; or
+ their general [cause].
True or False: The following are categories of evidence admissible under the hearsay exception of 803(4):
- Accounts of medical history.
- Descriptions of past or present symptoms or sensations.
- Reports about the inception of the condition or its “general cause.”
True.
Can anyone be the audience of a statement covered by 803(4)?
Yes. Need not be a doctor.
True or False:
Statements blaming specific individuals for the cause or attributing fault are usually not relevant for medical care and therefore inadmissible under R. 803(4).
True.
True or False:
The medical exception of 803(4) includes statements from doctor to patient.
False. the Medical exception of 803(4) does not include statements from doctor to patient.
Why? Rationale for exception depends upon patient’s special self-interest in telling the truth to get appropriate care. We don’t expect doctors to lie, but there’s no special rationale supporting a hearsay exception for their statements.
803(5)
The following are not excluded by the rule against hearsay, regardless of whether the declarant is available as a witness:
(5) Record recollection. A record that:
(A) is on a matter the witness ____ ____ ____ but now _____ _____ well enough to testify _____ and _____;
(B) was ____ or _____ by the witness when the matter was ____ in the witness’s memory; and
(C) _____ ______ the witness’s knowledge.
+ If admitted, the record may be _____ into evidence, but may be received as an _____ only if ______ by an _______ party.
(5) Record recollection. A record that:
(A) is on a matter the witness [once knew about] but now [cannot recall] well enough to testify [fully] and [accurately];
(B) was [made] or [adopted] by the witness when the matter was [fresh] in the witness’s memory; and
(C) [accurately reflects] the witness’s knowledge.
+ If admitted, the record may be [read] into evidence, but may be received as an [exhibit] only if [offered] by an [adverse] party.
