Hearsay Flashcards
(30 cards)
FRE 801
Definitions of Hearsay
FRE 802
Rule against hearsay
FRE 803
Exceptions to the Rule Against Hearsay
FRE 803 (1)
Present sense impression
FRE 803 (2)
excited utterance
FRE 803 (3)
then-existing mental/emotional/physical condition
FRE 803 (4)
medical diagnosis/treatment
FRE 803 (5)
recorded recollection/present recollection refreshed
FRE 803 (6)
Records regularly conducted activity/business records
FRE 803 (7)
Absence of record of regularly conducted activity
FRE 612
writing used to refresh witness’s memory
FRE 611
Mode/order of examining witnesses & presenting evidence
FRE 804
Exceptions to hearsay declarant unavailable as a witness
FRE 804 (a)
Criteria for being unavailable
FRE 804 (b)
Exceptions
FRE 804 (b)(2)
Dying declaration
FRE 804 (b)(3)
statement against interest
FRE 804 (b)(6)
Statements against party that wrongfully caused D’s unavailability
FRE 805
hearsay within hearsay
FRE 807
Residual exceptions (catchall)
Confrontation Clause
6th amendment/testimonial
FRE 801 (d)(1)(a)
Prior inconsistent statements by witness
FRE 801 (d)(1)(b)
prior consistent statements by witness
FRE 801 (d)(1)(c)
statements identifying a person made after perceiving them