Hearsay: In General

Question 1

What is hearsay?

In CA?

Answer 1

“hearsay” = an out of court STATEMENT offered for the TRUTH of the MATTER ASSERTED

CA –> same.
- hearsay is exempt from prop 8

Question 2

For the purposes of “hearsay” what is a “statement”?

Answer 2

“statement” = a person’s

1. Oral or written assertion; OR
2. Non-verbal conduct intended as an assertion
   EXAMPLE –> nod of head

Question 3

What I the rule re: “offered to prove the truth of the matter asserted” ?

Answer 3

The following are NOT hearsay:

1. Verbal ACTS or LEGALLY OPERATIVE facts
   EXAMPLES: words of contract, defamatory words
2. statements offered to show their EFFECT ON LISTENER OR READER
   EXAMPLE –> to prove notice in a negligence case
3. statements offered as CIRCUMSTANTIAL EVIDENCE of DECLARANT’s STATE OF MIND
   EXAMPLE –> evidence of INSANITY or KNOWLEDGE

Question 4

What is the rule re: hearsay and non-human declarations?

Answer 4

There is NO SUCH THING as animal or machine hearsay

THUS –> testimony about what a radar gun “said” or dog sniff “said” is NOT hearsay