Hearsay exceptions

Question 1

Present sense impression

Answer 1

Declarant availability immaterial
describing or explaining an event or condition
during or immediately after dec perceived it
spontaneity required

Question 2

excited utterance

Answer 2

Declarant availability immaterial
statement related to event or condition
while under the stress that it caused
no spontaneity required

Question 3

statement made for medical dx or tx

Answer 3

Declarant availability immaterial
statement made for medical tx or dx
reasonably related to tx or dx
describes:
-med hx
-past or present symptoms or sensations
-their inception
-their general cause
* if the statement relates only to liability, it's not admissible

Question 4

recorded recollection

Answer 4

Declarant availability immaterial
Can be read into the record if:
-W once knew about the matter but now can’t recall enough to fully and accurately testify
-Made or adopted by (ex written by another and initialed by) W when it was fresh in mem
-Accurately reflects W’s knowledge
Can be rec as an exhibit if all these, and offered by an adverse party

Question 5

Records of a regularly conducted activity

Answer 5

Declarant availability immaterial
Record of an act, event, condition, opinion or dx

If custodian testifies are the case, or there’s a certification that complies w the Rs:

• made by or from info from someone w knowledge
• at or near the time of the event
• kept in the course of regularly conducted activity
• making the record was a regular practice

-no lack of trustworthiness

Question 6

absence of a record of a regularly conducted activity

Answer 6

Declarant availability immaterial

• ev admitted to prove the matter did not occur or exist
• record regularly kept for a matter of that kind

-no lack of trustworthiness

Question 7

public records

Answer 7

Declarant availability immaterial
-record or statement of a public office, IF the record
—-
-sets out office’s activities
-matter observed while under a legal duty to report
OR
-is a record of vital statistics

-no lack of trustworthiness

Question 8

When are records from an investigation admissible under the public records exception to the hearsay rule?

Answer 8

• civil case or crim case against the govt
• factual findings
• legally authorized investigation

-no lack of trustworthiness

Question 9

Absence of a public record

Answer 9

Declarant availability immaterial

-testimony or certification under R902
if admitted to prove
-record or statement doesn't exist
or
-a matter didn't occur or exist, IF a public office regularly kept a record or statement for a matter of that kind

Question 10

Records of religious orgs concerning pers or fam hx

Answer 10

Declarant availability immaterial

regularly kept record of a religious ort

Question 11

Certificates of religious/ marriage ceremonies

Answer 11

Declarant availability immaterial

• made by person authorized by rel/ law to perform the act certified
• attesting they performed it
• says it’s been issued at the time or within a reasonable time

Question 12

family records

Answer 12

Declarant availability immaterial

• statement of fact abt pers or fam hx
• contained in a fam record

ex: fam tree in the front of a fam bible

Question 13

Records of documents that affect an interest in property

Answer 13

Declarant availability immaterial

admitted to prove:
-content of orig rec
-signing 
-delivery by each person who signed it 
if
-kept in pub office
-stat authorizes recording docs of that kind in that office

Question 14

Statements in documents that affect an interest in property

Answer 14

Declarant availability immaterial

-if the matter stated was relevant to doc’s purpose
unless
-later dealings w the prop are inconsistent w the truth of the statement

ex: boundaries stated in a RP deed

Question 15

statements in ancient docs

Answer 15

Declarant availability immaterial

FRE: 20y+
CL: 30y+
and authenticity is established

Question 16

Market reports and similar commercial publications

Answer 16

Declarant availability immaterial

generally relied on by pub or persons in particular occupations

ex: price of IBM stock at close of a particular day

Question 17

Statements in learned treatises, periodicals, or pamphlets

Answer 17

Declarant availability immaterial

-statement called to attn of expert on cross
or relied on by expert on direct
AND
-publication established as a reliable auth by expert
or by another expert
or by judicial notice

*can be read into ev, but not rec as an exhibit

Question 18

Reputation concerning personal or fam hx

Answer 18

Declarant availability immaterial

• fam by blood or associates in community
• concerning birth, adoption, legitimacy, etc

ex: W can testify as to his date of birth without having to rely on his birth cert

Question 19

Reputation concerning boundaries or general hx

Answer 19

Declarant availability immaterial

-reputation among community
-arising before the controversy
-concerning boundaries or customs that affect the land
or
concerning general hx events important to that community, state, or nation

Question 20

Reputation concerning character

Answer 20

Declarant availability immaterial

among person’s associates or in the community

Question 21

judgment of a previous conviction

Answer 21

MBE: Declarant availability immaterial

if:

• D found G
• of a crime punishable by 1+y
• admitted to prove any fact essential to the judgment
  and
  -if offered by pros: judgment was against D
  –
  MD: no general exception
  -can introduce to prove someone else has been convicted of the crime or act

Question 22

Judgments involving personal, family, or general hx, or a boundary

Answer 22

Declarant availability immaterial

if the matter to be proved
-was essential to the judgment
and
-could be proved on evidence of reputation

Question 23

unavailability of W

Answer 23

privilege
refuses despite ct order
doesn't remember
death, illness on hearing day
absent and couldn't reasonably get attendance

Question 24

former testimony

Answer 24

Declarant unavailable

• given under oath
• offered against a party who had (or whose predecessor in interest had) OPPORTUNITY for direct/ cross/ redirect exam

Question 25

statement under belief of imminent death/ dying declaration

Answer 25

Declarant unavailable

CL: homicide only, declarant must be dead
FRE: all civil or crim homicide cases
declarant believed death was imminent

MD: civil cases
homicides
attempted homicide

Question 26

statement against interest

Answer 26

Declarant unavailable

• reasonable person only would have said it if they believed it to be true, bc it was so contrary to declarant’s interests
• must have personal knowledge
• if crim case used to exculpate D: supported by corroborating circumstances

Question 27

statement of personal or family hx

Answer 27

Declarant unavailable

• declarant’s own birth, adoption, etc, even though declarant had no way to get pers knowledge
• declarant related to the person (or like family)- their birth, adoption, etc

Question 28

statement offered against a party that wrongfully caused the declarant’s unavailability

Answer 28

Declarant unavailable

aka forfeiture by wrongdoing

• offered against the party that caused or acquiesced in wrongfully causing
• party intended that result

Question 29

mnemonic: hearsay exceptions- declarant unavailable

Answer 29

san fransisco fire department

statement against interest
former testimony
family
dying declaration

Question 30

residual exception

Answer 30

-circumstantial guarantees of trustworthiness
-ev of a material fact
-more probative than other ev
-interests of justice will be met
and
-advance notice given