Flashcards in SYCR: Hearsay Deck (21):
Verbal acts or legally operative facts are/aren't HS
OOCS offered to show effect on the person who heard it is/isn't HS
OOCS offered as circumstantial evidence of state of mind is/isn't HS
What are three prior statements of a witness which are NOT HS despite being offered for their truth?
PIS given under oath at a legal proceeding
PCS to rebut a charge of recent fabrication or improper motive or influence
Prior statement of ID made by a witness (testifying witness)
For a party's statement to come in for TMA, it must be offered by whom?
Exception or exempt?
When can a statement by a party's agent or servant come in as an admission? (2)
Concerning a matter within the scope of employment AND
Made during the existence of the relationship
For former testimony to come in for TMA, what two requirements?
Declarant is unavailable
The party against whom it is being offered had a meaningful opportunity to cross examine at the former proceeding
what if a declarant is at court, but refuses to testify? Does that count as being unavailable?
What are the three requirements for a Statement Against Interests to come in for TMA?
Statement was against that person's pecuniary, proprietary, or penal interest when the statement was made.
Declarant had personal knowldge
For a Dying Declaration to come in for TMA, what must be true of the declarant?
Unavailable (not necessarily dead)
Dying Declarations are only admissible in which two types of cases (broad)?
Does a spontaneous statement require unavailability?
A declaration of existing intent to do something is admissible to infer that . . .
The intended future act was done.
Three requirements for an excited utterance?
Statement relating to a startling event or condition
Made while under the excitement caused by that event or condition
Concerning that event or condition
In what two ways does a present sense impression differ from an excited utterance?
No startling event needed.
No time lapse allowed--must be contemporaneous
A W's declaration of present pain, suffering, or physical condition can repeated by whom?
Anyone who hears it.
For a declaration of PAST physical condition to come in, what two requirements?
Statement made to medical personnel
Pertinent to either diagnosis or treatment (even if for the purpose of giving testimony)
When a HS statement has been admitted and the declarant is unavailable, can his credibility be attacked? If no, why? If so, by what means?
BY any means the party would be able to use if D had testified live.
Five Requirements for a business record to come in?
Record of regularly conducted activity
Made at or near the time
by, or from info transmitted by, someone with knowledge
Kept in the regular course of business
It was the regular course of that business to make the record.
For a business record to come in, the record itself must be _____ to the business