Hearsay Exemptions Flashcards
Hearsay Exemptions
Statements by a Party Opponent
Prior Statements of Witnesses
Statements by a Party Opponent
Statements by a Named Party Adoptive Admissions Authorized Admission Employee Admission Co-Conspirator's Admission
Statements by a Named Party
Out-of-Court statements made by a named party that is relevant and being offered against the declarant-party by an opponent.
NOTE: Statement does not need to be against the party’s interest when made.
Adoptive Admission
Party heard and understood the statement and adopted it as their own (by words, conduct, or even silence)
(1) Party heard and understood what was said
(2) Party had a reasonable opportunity to deny/correct the statement
(3) A reasonable person would have felt compelled to deny/correct the statement
Authorized Admission
Statement by a party’s agent or representative.
Employee Admission
Statement a party’s employee made that is being offered against the employer/party by their opponent.
Admissible IF the statement was made during the existence of the employment relationship and concern a matter within the scope of the employment, to which the employee has sufficient knowledge as it relates to their job.
Co-Conspirator’s Admissions
Statement of co-conspirators (regardless if they’ve been charged for conspiracy) that can be used against all other co-conspirators IF the statement was made
(1) by a member of the conspiracy;
(2) “in furtherance” of the conspiracy; and
(3) “during the existence” of the conspiracy.
Vicarious Admissions
Treated as if made by the named party themselves
Adoptive Admission
Authorized Admission
Employee Admission
Prior Statements of Witnesses
Prior inconsistent statements made under oath in a court-type proceeding
Prior consistent statement offered to rebut an allegation of recent fabrication / impeachment
Statement of Prior Identification
NOTE: Witness must be available and is testifying at trial and subject to cross-examiantion.
Present Sense Impression
Declarant describing or explaining an event/condition made while perceiving or immediately after perceiving it.
Requirements:
(1) Timing - Statement must spontaneous and contemporaneously made
(2) Declarant must have firsthand knowledge, but they can be unknown or unavailable
(3) Can be oral or in writing
Excited Utterance
Statement relating to a startling event made while the declarant was under the stress of excitement caused by the event or condition
Requires:
(1) Startling event
(2) Statement relates to/describes the startling event
(3) Personal knowledge
(4) Made while still stressed by the event
Declarant does not need to be available.
Statement of Then-Existing Mental, Physical, or Emotional Condition
Statement of declarant’s then-existing mental, physical, or emotional conditional.
To be admissible, must be
(1) relevant to show declarant’s state of mind at the moment to prove what the declarant was thinking or feeling at the moment;
(2) to explain future behavior such as declarant’s intent, plan, motive, design, etc.
Look for statements in the present tense. Statements in the past tense do not count.
Statements for Medical Diagnosis or Treatment
Statements made for the purpose of medical diagnosis or treatment describing medical history or past/present symptoms, pain, sensation, or the cause.
Can include statements made to family members if treatment for a medical problem is being sought.
Statement must also be useful for diagnosis or treatment.
Applies even if patient is speaking to a medical professional for the sole purpose that the professional testify as an expert in a later trial.
Past Recollection Recorded
If a witness has diminished memory and documented something within their personal knowledge “while the matter was fresh” in the witness’s mind, the contents of the document are admissible.
Requires previous attempt and then failure in refreshing the witness’s memory.
Opponent has the right to
(1) inspect the writing
(2) Cross examine with it
(3) show it to the jury for comparison
(4) introduce relevant portions of it into evidence
