Hearsay exceptions:
By: Blogger on Feb 04, 2012 03:50:09 PM
Hearsay exceptions:
1. Party admission: statement made by a party (B or A) is admissible against the party as substantive evidence; vicarious admission must be made by agent/employee concerning matter within scope of agency/employment and during agency/employment; (party admission is actually an exclusion under FRE)

2. Unavailable declarant required: grounds of unavailability: death or illness, absence from jurisdiction, privilege not to testify, stubborn refusal to testify, and lack of memory
a. Former testimony: former testimony given at a former proceeding or deposition admissible against a party who had an opportunity and motive to cross-ex or develop testimony of the declarant at the earlier proceeding if the same issues in both proceedings; if witness unavailable due to party’s wrongdoing and wrongdoing proved by preponderance of the evidence, prior statements are admitted against that party
b. Statement against interest: a statement against declarant’s own pecuniary, proprietary, or penal interest; in criminal cases, a statement against penal interest must be corroborated if offered to exculpate A
c. Dying declaration: a statement made under a belief of impending and certain death concerning the cause or surrounding circumstances of the declarant’s death; available in all civil cases but only in criminal homicide cases

3. Excited utterance: statement concerning a startling event and made while declarant is still under the stress of excitement caused by the event

4. Present sense impression: a description of event made while the event was occurring or immediately thereafter; must be virtuously contemporaneous – no more than 30 to 40 seconds after event

5. Present state of mind: a contemporaneous statement concerning declarant’s state of mind, feelings, or emotions

6. Declaration of intent: a statement of declarant’s intent to do something in the future is admissible to prove declarant’s conduct; also admissible to prove someone else’s conduct if declarant said he was going to do something with that person

7. Present physical condition: a statement made to anyone about declarant’s current physical condition

8. Statement for purpose of medical treatment or diagnosis: statement made to medical personnel concerning past or present symptoms or general cause of condition for the purpose of treatment or diagnosis

9. Business records: records of any type of business made in the regular course of business that the business regularly keeps and was made at or about the time of the event recorded and which consists of information observed by employees of the business or a statement that falls within an independent hearsay exception; foundation: can call a sponsoring witness (e.g., author or record or custodian of records) or can use a written certification under oath. 

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