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1

Pennsylvania does/does not recognized exclusions from H/S

does not. only exceptions.

2

In PA, for former testimony to come in, the party against whom the evidence is offered must have had . .

An adequate opportunity AND similar motive to develop the testimony.

3

How does FRE and PARE differ with respect to the admissibility of dying declarations?

FRE only permits for homicide or civil case

PARE lets it in for all cases.

4

How does FRE and PARE differ with respect to the admissibility of statements for the purposes of medical diagnosis or treatment?

FRE lets it in if the statement is made for purposes of diagnosis or treatment OR if it describes medical history or past symptoms or the general character of the cause or external source of the symptoms INSOFAR as reasonably pertinent to diagnosis or treatment (BROAD)

PARE requires that the statement be made for purposes of medical treatment or medical diagnosis IN CONTEMPLATION OF TREATMENT (NARROW--basically, must be the treating physician)

5

P is a PI case hires MD to diagnose solely for the purpose of giving testimony. MD testifies and gives his opinion. Part of the basis of his opinion is the medical history given to him by P. May MD recite the medical history given to him by P? Is it admissible for TMA?

At fed ct, yes and yes.

In PA, No and No. PARE requires that the statement be made for purposes of medical treatment or medical diagnosis IN CONTEMPLATION OF TREATMENT (NARROW--basically, must be the treating physician)

6

Under FRE, if a W cannot remember all or part of the details of a transaction about which she once has personal knowledge, her OWN writing shown to be reliable may be admitted in place of her testimony.

Explain the PA variation.

In PA, the witness must testify AND be subject to cross concerning the statement AND verify that the recording correctly reflects her knowledge.

7

FRE admits the records of "acts, events, conditions, ____ or _____" made at or near the time by a person with knowledge if kept in the ordinary course of business AND it was part of the ordinary course of business to make the report.

Opinions

Diagnoses

8

FRE admits the records of "acts, events, conditions, opinions or diagnoses" made at or near the time by a person with knowledge if kept in the ordinary course of business AND it was part of the ordinary course of business to make the report.

How does PARE differ?

Business Record Exception does NOT extend to opinions or diagnoses.

9

T or F? PA statutes preclude the use of certain gov't accident reports in civil or criminal proceedings arising from the accident.

T

10

P offers a record from hospital. The custodian lays the proper foundation. The record contains descriptions of P's symptoms. It also reports that P suffered a reaction to D's OTC drug. Which parts are admissible in PA?

Symptoms are admissible

Conclusion that OTC drug was responsible is NOT.

11

Explain the differences between FRE and PARE with respect to the Ancient Document Rule.

FRE allows an ancient document to be used for the TMA if it is at least 20 years old, regular on its face, and found in a place of natural custody.

PARE requires the document to be 30 years old.

12

Exlain PA's "Tender Years" Exception to H/S.

By statute, PA recognizes a TY exception that allows a child out-of-court statements to be used in a sexual assault CASE IF the child is under 12 AS LONG AS the court determines that the statements are reliable and either the child testifies OR the child is unavailable because the risk of emotional distress.