Unavailability Immaterial for the rest of the Hearsay Exceptions

Question 1

Present Sense Impression

Answer 1

explaining or describing event/condition while or immediately after declarant perceived it.

Question 2

Excited Utterance

Answer 2

Statement about/relating to event/condition while declarant is under the stress of the excitement it caused

Question 3

Statement of Mental, Emotional, or Physical Condition

Answer 3

then-existing state of mind, emotional, sensory, or physical condition

Question 4

Medical Diagnosis/Treatment

Answer 4

Medical History or past/present symptoms if made for purpose of medical diagnosis or treatment. Can be made to other medical personnel.

Question 5

Recorded Recollection

Answer 5

matter witness once knew, made when it was fresh in witness’ memory. (NOT POLICE RECORD)

Question 6

Business Records

Answer 6

Kept in the course of regularly conducted business activity.

Question 7

Public Records

Answer 7

admissible

Question 8

Learned Treatises

Answer 8

Periodical/Pamphlet not excluded if expert witness relied on it during direct or cross exam

Question 9

Judgment of a previous conviction

Answer 9

o Entered after trial or guilty plea
o Crime punishable by death or imprisonment > 1 year
o Evidence offered to prove any fact essential to sustain judgment

Question 10

Residual Exception

Answer 10

the catch-all exception for statements not covered by the FRE.