Hearsay and Exceptions

Question 1

What are the components of hearsay?

Answer 1

1. Declarant = person
2. Assertion
3. Offered to prove the truth of the matter asserted

Question 2

What is not considered hearsay?

Answer 2

1. Prior statements of a testifying declarant

2. Opposing party statement - (a) admissible w/o knowledge, (b) doesn’t need to be against party’s interest

Question 3

When is a declarant considered unavailable?

Answer 3

1. Exempt b/c of privilege
2. Refuses to testify despite court order
3. Lacks memory
4. Death, infirmity, physical or mental condition limitation
5. Absent + cannot be subpoena’d

Question 4

What are exceptions to hearsay (admissible) evidence when declarant is unavailable?

Answer 4

1. Former testimony subject to cross
2. Dying declaration
3. Statement against interest
4. Statement of personal / family history
5. Statement against party that caused declarant unavailability

Question 5

What are verbal exceptions to hearsay (admissible) evidence regardless if declarant is unavailable?

Answer 5

1. Present sense impression
2. Excited utterance
3. Statement of mental, emotional, physical condition
4. Statement to obtain medical treatment

Question 6

What are documentary exceptions to hearsay (admissible) evidence regardless if declarant is unavailable?

Answer 6

1. Recorded recollection
2. Business records of regularly conducted activity + made near someone with knowledge
3. Public records
4. Learned treatises
5. Previous convictions

Question 7

What are the two constitutional limitations on hearsay evidence?

Answer 7

1. 6A - requires cross exam UNL (a) purpose is emergency assistance, OR (2) D made witness unavailable
2. 14A - overrule hearsay rule if hearsay rule prevents D from making defense

Question 8

When can 6A confrontation clause be denied?

Answer 8

When there is an important public interest at stake