Hearsay Exceptions: Declarant's Availability Immaterial

Question 1

Circumstances Under Which the Statements Were Made Suggest that the Statements are Inherently Trustworthy
(9)

Answer 1

(1) Present Sense Impression
(2) Excited Utterance
(3) State of Mind
(4) Statements Made for Medical Diagnosis/Treatment
(5) Past Recollection Recorded
(6) Business Records
(7) Public Records
(8) Learned Treatises
(9) Judgment of Previous Conviction

Question 2

Exception: Present Sense Impression

Answer 2

Statement explaining or describing event/condition MADE WHILE OR IMMEDIATELY AFTER DECLARANT PERCEIVED IT

Question 3

Exception: Excited Utterance

Answer 3

Statement about startling event or condition MADE WHILE DECLARANT IS UNDER STRESS OF EXCITEMENT that it caused

Question 4

Exception: State of Mind

Answer 4

Statement of declarant’s then-existing physical, mental, or emotional condition is admissible to prove existence of that condition

Statement of intent can be used to prove action in conformity with that intent

Question 5

Exception: Statements Made for Medical Diagnosis or Treatment

Answer 5

Describe declarant’s medical history or past or present symptoms, or even the cause of an injury, if pertinent to medical DIAGNOSIS OR TREATMENT

Question 6

Exception: Past Recollection Recorded

Answer 6

When a witness has inadequate memory to testify about a matter for which a record exists, the witness may read the record to the jury if:

(1) Record concerns a matter about which the WITNESS ONCE HAD KNOWLEDGE;
(2) Record was prepared or adopted by the witness WHEN THE MATTER WAS FRESH;
(3) Record ACCURATELY REFLECTS the witness’s knowledge; and
(4) Witness testifies he has INSUFFICIENT MEMORY of the event to testify fully and accurately

Witness may READ it to jury, but it is not introduced into evidence

Question 7

Exception: Business Records

Answer 7

(1) Record must be KEPT IN THE COURSE OF A REGULARLY CONDUCTED BUSINESS ACTIVITY;
(2) MADE AT OR NEAR TIME OF EVENT it records; and
(3) By person with KNOWLEDGE

Question 8

Exception: Public Records

Answer 8

Applies to a record or statement of a public office or agency that sets out:

(1) The ACTIVITIES of the office or agency;
(2) An OBSERVATION of a person under a duty to report the observation (except for an observation of a law enforcement officer offered in a criminal case); or
(3) FACTUAL FINDINGS OF A LEGAL INVESTIGATION, when offered in a civil case or against the government in a criminal case

Question 9

Exception: Learned Treatises

Answer 9

Statement in treatise, periodical, etc. not excluded if:

(1) EXPERT WITNESS RELIED ON STATEMENT during direct/cross; and
(2) Publication is RELIABLE AUTHORITY

Question 10

Exception: Judgment of Previous Conviction

Answer 10

Admissible to prove any fact that was essential to the judgment