Hearsay

Question 1

“DIA” approach

Answer 1

1. Define
2. State what it is important
3. Analaze

Question 2

Define Hearsay

Answer 2

Hearsay is a statement, other than the one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.

Question 3

State Importance

Answer 3

Hearsay is not admissible unless it comes with an exception.

Question 4

Analyze Exceptions

Answer 4

• excited utterance
• present sense impression
• statement for purpose of medical treatment or diagnosis
• business records
• recollection recorded
• state of mind hearsay exclusion
• prior statement of identification hearsay exclsuion
• opposing party’s statement