Hearsay Exemptions Flashcards
statement of party-opponent
out of court statements made by a party are admissible if offered against that party
types of statement of party-opponent
Own/representative statements
Adopted statements
Authorized speaker
Agency
Co-conspirator
Judicial statement
own / representatives statement
made by the party in an individual or representative capacity* (Guardian, POA)*
adopted statements
acquiescence in another’s statement
**Silence: **statement if
1. party heard, understood, and was capable of responding, and
2. reasonable person would have responded/objected
authorized speaker
statement by one authorized by party to speak on her behalf (lawyer)
agency
statement by agent/employee on matters within scope of agency/employement is admissible against the principal
usually only while employment scope existed
ONLY works up, NOT down
co-conspirator
statement by co-conspirator during and in furtherance of the conspiracy
testifying declarant’s prior statement
prior statement of declarant admissible if:
1. is incosistent with declarant’s testimony given under oath (proceeding or desposition)
2. prior consistent statement to
* rebut charge of fabrication, improper motive, or influence
* **rehabilitate **credibility
3. prior statement of identification after perception (a line up ID)