Hearsay Exceptions: Class 12 Flashcards
Rule 805:
“Hearsay within hearsay is not excluded by the rule against hearsay if ____ ____ of the _____ _____ conform with an exception to the rule.”
“Hearsay within hearsay is not excluded by the rule against hearsay if [each part] of the [combined statements] conform with an exception to the rule.”
Out-of-court statements are hearsay only when a _________ offers them for the _____ of the _____ ______. A statement offered for some _____ _____, such as to show the existence of a warning, is not hearsay.
Out-of-court statements are hearsay only when a [proponent] offers them for the [truth] of the [matter asserted]. A statement offered for some [other purpose], such as to show the existence of a warning, is not hearsay.
REMEMBER: Rule 602:
A witness may testify to a matter only if ____ is ______ sufficient to support a _____ that the witness has ____ _____ of the matter. Evidence to prove _____ _____ may consist of the witness’s ____ _____. This rule does not apply to a witness’s _____ _____ under Rule 703.
A witness may testify to a matter only if [evidence] is [offered] sufficient to support a [finding] that the witness has [personal knowledge] of the matter. Evidence to prove [personal knowledge] may consist of the witness’s [own testimony]. This rule does not apply to a witness’s [expert testimony] under Rule 703.
The following is not excluded by the rule against hearsay, regardless of whether the declarant is available as a witness:
Rule 803(4): Statement Made for Medical Diagnosis or Treatment:
(A) is made for – and is ____ ____ to – ____ ____ or ______; and
(B) describes ____ ____; past or present _____ or ____; their _____; or their general _____.
Rule 803(4): Statement Made for Medical Diagnosis or Treatment:
(A) is made for – and is [reasonably pertinent] to – [medical diagnosis] or [treatment]; and
(B) describes [medical history]; past or present [symptoms] or [sensations]; their [inception]; or their general [cause].
The following is not excluded by the rule against hearsay, regardless of whether the declarant is available as a witness:
Rule 803(5): Recorded Recollection: A record that:
(A) is on a ____ the witness ____ ____ ____ but now _____ _____ well enough to ____ ____ and ____;
(B) was ____ or ____ by the ____ when the matter was ____ in the witness’s ____; and
(C) accurately ____ the witness’s ____.
Rule 803(5): Recorded Recollection: A record that:
(A) is on a [matter] the witness [once knew about] but now [can’t 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 [mind]; and
(C) accurately [reflects] the witness’s [knowledge].
The following is not excluded by the rule against hearsay, regardless of whether the declarant is available as a witness:
Rule 803(6) Records of a Regularly Conducted Activity.
A record of an ____, ____, ____, ____ or ____ if:
(A) the record was made ____ or ____ the time by – or from ____ _____ by – someone with _____;
(B) the record was ____ in the course of a ____ ____ ____ of a business, organization, ____, or ____, whether or not for profit;
(C) ____ the record was a ____ ____ ____ that activity;
(D) all these conditions are ____ ____ ____ ____ of the ____ or another ____ ____, or by a ____ that complies with Rule 902(11) or (12) or with a ____ permitting ____; [[[conjunctive or disjunctive?]]]
(E) neither the ____ ____ ____ nor the ____ or ____ of preparation indicate a lack of ____.
A record of an [act], [event], [condition], [opinion], or [diagnosis] if:
(A) the record was made [at] or [near] the time by – or from [information transmitted] by – someone with [knowledge];
(B) the record was [prepared] in the course of a [regularly conducted activity] of a business, organization, [occupation], or [calling], whether or not for profit;
(C) [making] the record was a [regular practice of] that activity;
(D) all these conditions are [shown by the testimony] of the [custodian] or another [qualified witness], or by a [certification] that complies with Rule 902(11) or (12) or with a [statute] permitting [certification]; [AND]
(E) neither the [source of information] nor the [method] or [circumstances] of preparation indicate a lack of [trustworthiness].
The following is not excluded by the rule against hearsay, regardless of whether the declarant is available as a witness:
Rule 803(7): Absence of a Record of a Regularly Conducted Activity. Evidence that a matter is not ____ in a ____ _____ ____ paragraph (6) if:
(A) the evidence is admitted to prove that the matter ____ ____ ____ or ____;
(B) a record was ____ ____ for a ____ of ____ ____; and
(C) neither the possible ____ ____ ____ ____ nor other circumstances indicate a lack of ____.
Evidence that a matter is not [included] in a matter is not [included] in a [record described in] paragraph (6) if:
(A) the evidence is admitted to prove that the matter [did not occur] or [exist];
(B) a record was [regularly kept] for a [matter] of [that kind]; and
(C) neither the possible [source of the information] nor other circumstances indicate a lack of [trustworthiness].
The following is not excluded by the rule against hearsay, regardless of whether the declarant is available as a witness:
Rule 803(8): Public Records. A record or statement of a public ____ if:
(A) it sets out:
(i) the \_\_\_\_'s \_\_\_\_; (ii) a matter \_\_\_\_\_ while under a legal \_\_\_\_ to report, but not including, in a \_\_\_\_ case, a matter \_\_\_\_ by law-enforcement personnel; or (iii) in a \_\_\_\_ case or against the \_\_\_\_ in a \_\_\_\_ case, factual findings from a legally authorized \_\_\_\_; and
(B) neither the ____ of information nor other ____ indicate a lack of ____.
A record or statement of a public [office] if:
(A) it sets out:
(i) the [office]'s [activities]; (ii) a matter [observed] while under a legal [duty] to report, but not including, in a [criminal] case, a matter [observed] by law-enforcement personnel; or (iii) in a [civil] case or against the [government] in a [criminal] case, factual findings from a legally authorized [investigation]; and
(B) neither the [source] of information nor other [circumstances] indicate a lack of [trustworthiness].
The following is not excluded by the rule against hearsay, regardless of whether the declarant is available as a witness:
Rule 803(16): Statements in Ancient Documents. A ____ in a ____ that is at least ____ years old and whose ____ is ____.
A [statement] in a [document] that is at least [20] years old and whose [authenticity] is [established].
The following is not excluded by the rule against hearsay, regardless of whether the declarant is available as a witness:
Rule 803(17): Market Reports and Similar Commercial Publications. Market quotations, ____, directories, or ____ ____ that are generally ____ ____ by the ____ or by persons in ____ ____.
Market quotations, [lists], directories, or [other compilations] that are generally [relied on] by the [public] or by persons in [particular occupations].
The following is not excluded by the rule against hearsay, regardless of whether the declarant is available as a witness:
Rule 803(18): Statements in Learned Treatises, Periodicals, or Pamphlets. A statement contained in a treatise, periodical or pamphlet if:
(A) the statement is ____ to the ____ of an ____ witness on ____-____ or relied on by the ____ on ____ examination; and
(B) the publication is ____ as a ____ ____ by the ____’s admission or testimony, or another ____’s testimony, or by ____ ____.
If admitted, the statement may be ____ ____ ____ but not ____ as an ____.
A statement contained in a treatise, periodical or pamphlet if:
(A) the statement is [called] to the [attention] of an [expert] witness on [cross]-[examination] or relied on by the [expert] on [direct] examination; and
(B) the publication is [established] as a [reliable authority] by the [expert]’s admission or testimony, or another [expert]’s testimony, or by [judicial notice].
If admitted, the statement may be [read into evidence] but not [received] as an [exhibit].
