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How to Analyze Hearsay on an Evidence Essay (Pt. 3): Hearsay Exceptions (FRE 803-804)
HEARSAY (FRE 801(c)-(d))
An out-of-court statement that is offered to prove the truth of the matter asserted is hearsay UNLESS the statement satisfies a condition enumerated under Rule 801(d) of the Federal Rules of Evidence.
HEARSAY EXCEPTIONS: DECLARANT UNAVAILABILITY IS NOT REQUIRED (FRE 803)
See here: www.law.cornell.edu/rules/fre...
The following are NOT excluded by the rule against hearsay (FRE 801), regardless of whether the declarant is available as a witness:
FRE 803(1): Present Sense Impression
A statement describing or explaining an event or condition, made while or immediately after the declarant perceived it.
FRE 803(2): Excited Utterance
A statement relating to a startling event or condition, made while the declarant was under the stress of excitement that it caused.
FRE 803(3): Then-Existing Mental, Emotional, or Physical Condition
A statement of the declarant’s then-existing state of mind (such as motive, intent, or plan) or emotional, sensory, or physical condition (such as mental feeling, pain, or bodily health), but not including a statement of memory or belief to prove the fact remembered or believed unless it relates to the validity or terms of the declarant’s will.
FRE 803(4): Statement Made for Medical Diagnosis or Treatment
A statement that is: (1) made for - and is reasonably pertinent to - medical diagnosis or treatment; and (2) describes medical history; past or present symptoms or sensations; their inception; or their general cause.
FRE 803(5): Recorded Recollection
A record that: (1) is on a matter the witness once knew about but now cannot recall well enough to testify fully and accurately; (2) was made or adopted by the witness when the matter was fresh in the witness’s memory; and (3) accurately reflects the witness’s knowledge.
FRE 803(6): Business Records
A record of an act, event, condition, opinion, or diagnosis if: (1) the record was made at or near the time by - or from information transmitted by - someone with knowledge; (2) the record was kept in the course of a regularly conducted activity of a business, organization, occupation, or calling, whether or not for profit; and (3) making the record was a regular practice of that activity.
HEARSAY EXCEPTIONS: DECLARANT UNAVAILABILITY IS REQUIRED (FRE 804)
See here: www.law.cornell.edu/rules/fre...
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28 окт 2018
