hearsay: when availability doesn't matter either way

Question 1

cec 1241 contemporaneous

Answer 1

contemporaneous statement:

statement must be a) offered to explain, qualify or make understandable conduct of declarant and b) made while declarant engaged in the conduct

Question 2

cec 1240 excited

Answer 2

excited utterance:

the statement must a) purport to narrate, describe, or explain an act/condition/event perceived by declarant AND b) made spontaneously while under the stress of excitement caused by such perception

Question 3

cec 1250 then existing state

Answer 3

THEN-existing mental/physical state

the evidence must be offered to prove declarant’s mental/physical/state of mind at that time (of the statement) or any time when it is itself an issue in the action OR offered to prove or explain acts or conduct of declarant.

evidence can only be offered to prove future conduct of declarant, not future conduct of another person

Can’t use it to prove the fact remembered or believed

Question 4

cec 1251 prior existing state

Answer 4

PRIOR mental/physical state:

declarant must be unavailable and can only offer it to prove the state of mind, emotion, or physical sensation prior to a statement being made; declarant must be unavailable; only when prior state is an issue

Question 5

cec 1260 will

Answer 5

admits memory or belief about validity/terms of declarant’s will

Question 6

cec 1253 medical diagnosis

Answer 6

statement MADE FOR AND reasonably pertitent to medical diagnosis or treatment AND describes medical history/symptoms/their inception or general cause

only applies to minors at time proceeding who made statement under age of 12.

for adults, try 1250+1251