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Flashcards in Evidence Hearsay Deck (12)
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1

Present Sense Impression (exception)

HEARSAY EXCEPTION

A statement describing or explaining an event or condition that is made while or immediately after the declarant perceived it is not excluded as hearsay

2

Excited Utterance (exception)

HEARSAY EXCEPTION

A statement made about a startling event or condition while the declarant is under the stress of excitement that it caused is not excluded as hearsay.

event must shock or excite the declarant, and the statement must relate to the event,

declarant can be a bystander

3

Existing Mental, emotion, or physical Condition (state of mind)
(exception)

HEARSAY EXCEPTION

A statement of the declarant’s then-existing state of mind or emotional, sensory, or physical condition is not excluded as hearsay.

4

Medical Diagnosis or Treatment (exception)

HEARSAY EXCEPTION

5

Past Recollection Recorded (exception)

HEARSAY EXCEPTION

6

Business Records (exception)

HEARSAY EXCEPTION

7

Public Records: activities of Agencies (exception)

HEARSAY EXCEPTION

8

Ancient Documents (exception)

HEARSAY EXCEPTION

9

Reputation Personal or Family History, Character (exception) `

HEARSAY EXCEPTION

10

Dying Declaration (exception)

HEARSAY EXCEPTION

i) The declarant believes that her death is imminent; and

ii) The statement pertains to the cause or circumstances of the death she believes to be imminent.

The dying-declaration exception applies only in homicide prosecutions and civil cases.

11

Statement Against interest (exception)

HEARSAY EXCEPTION

Declarant unavailable to testify; not excluded as hearsay if the statement:

i) Was against the declarant’s interest at the time it was made; and

ii) Would not have been made by a reasonable person unless he believed it to be true.

12

Prior Statement of identification (NON Hearsay)

A previous out-of-court identification of a person after perceiving that person (e.g., lineup) is not hearsay and may be admissible as substantive evidence b/c witness is subject to cross-examination.
Even if the witness has no memory