Hearsay

Question 1

Elements of Hearsay

Answer 1

a statement a declarant made, outside the courtroom,
offered to prove the truth of the matter assured.
(FRE802)

Question 2

Who is a declarant?

Answer 2

the maker of the statement. must be a person. evidence generated by machines or animals is not hearsay (FRE 801)

Question 3

Hearsay Exception:

Declarant Unavailable as a Witness

Answer 3

an unavailable declarant is a person who:

(1) is exempt on the grounds of privilege
(2) refuses to testify despite a court order to do so
(3) lacks memory of the subject matter of the statement.
(4) is unable to testify due to death, infirmity, or physical or mental disability or
(5) is absent and cannot be subpoenaed or otherwise be made present.

Question 4

Hearsay Exception:

Dying Declaration

Answer 4

a statement qualifies as a dying declaration if:

(1) the declarant believes that her death is imminent and
(2) the statement pertain to the cause or circumsntaces of the death she believes to be imminent.

Question 5

Hearsay Exception

Present Sense Impression

Answer 5

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 (FRE 803(1)).

Question 6

Hearsay Exception:

Excited Utterance

Answer 6

a statement made about a startling event or condition WHILE THE DECLARANT IS UNDER THE STRESS OF EXCITEMENT THAT IS CAUSED