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    Hearsay Outline

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    Merve Ozcan
    Hearsay is an out-of-court statement offered to prove the truth of the matter asserted. It is generally inadmissible as evidence. However, there are several exceptions where hearsay may be allowed, including prior statements of party opponents, prior statements of witnesses under oath subject to cross-examination, and exceptions for present sense impressions, excited utterances, and statements made for medical diagnosis or treatment. There are also exceptions where the declarant must be unavailable to testify, such as for dying declarations and statements against interest. The right to object to hearsay can be forfeited in some cases.

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    Hearsay Outline

    Uploaded by

    Merve Ozcan
    54 views2 pages
    Hearsay is an out-of-court statement offered to prove the truth of the matter asserted. It is generally inadmissible as evidence. However, there are several exceptions where hearsay may be allowed, including prior statements of party opponents, prior statements of witnesses under oath subject to cross-examination, and exceptions for present sense impressions, excited utterances, and statements made for medical diagnosis or treatment. There are also exceptions where the declarant must be unavailable to testify, such as for dying declarations and statements against interest. The right to object to hearsay can be forfeited in some cases.

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    Hearsay is an out-of-court statement offered to prove the truth of the matter asserted. It is generally inadmissible as evidence. However, there are several exceptions where hearsay may be allowed, including prior statements of party opponents, prior statements of witnesses under oath subject to cross-examination, and exceptions for present sense impressions, excited utterances, and statements made for medical diagnosis or treatment. There are also exceptions where the declarant must be unavailable to testify, such as for dying declarations and statements against interest. The right to object to hearsay can be forfeited in some cases.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    54 views2 pages

    Hearsay Outline

    Uploaded by

    Merve Ozcan
    Hearsay is an out-of-court statement offered to prove the truth of the matter asserted. It is generally inadmissible as evidence. However, there are several exceptions where hearsay may be allowed, including prior statements of party opponents, prior statements of witnesses under oath subject to cross-examination, and exceptions for present sense impressions, excited utterances, and statements made for medical diagnosis or treatment. There are also exceptions where the declarant must be unavailable to testify, such as for dying declarations and statements against interest. The right to object to hearsay can be forfeited in some cases.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    Hearsay Outline

    Hearsay is out of court oral, written, or nonverbal assertion is hearsay when it is made by a declarant not while testifying
    at the current trial or hearing and is offered into evidence by a party to prove the truth of the matter asserted in the
    statement. It is inadmissible. What is not hearsay:
     When the truth of the statement doesn’t matter. When the evidence is offered NOT FOR ITS TRUTH but as
    evidence
    o of conduct not intended as an assertion: to prove that the actor acted in conformity with a particular
    belief
    o to prove that a statement was made at all. The truth doesn’t matter
    o to show the effect of the statement on the witness
    o to show state of mind of someone, when that matters
    o to show that someone was on notice of something
    o of independent legal significance of the evidence. Such as elements of a claim/crime, contract
    o to impeach the credibility of a witness
     Exclusions: NOT considered hearsay
    o Prior statements of party opponents. Party admissions. Need one of these requirements:
     The statement was made by the party in an individual or representative capacity
     The party adopts or believes the statement to be true. Knowledge of them not required,
    adoption of the statement may be shown in any manner
     The statement was made by a person whom the party authorized to speak on the subject
     The statement was made by the party’s agent or employee on a matter within the scope of that
    relationship while it existed. Agent may speak for principal, not other way around
     The statement was made by the party’s co-conspirator during and in furtherance of conspiracy
    o Prior Statements of a Witness – requires the out of court declarant be a witness now testifying under
    oath and subject to cross examination. The prior statement must also be:
     Inconsistent with the witness’s current testimony and the prior statement was given under oath
    at a trial/hearing/other proceeding. Past cross examination not required
     Consistent with the witness’s current testimony and must be offered to rebut a charge that the
    witness is lying now, that the witness has a recent improper motive, or to rehabilitate the
    credibility of the witness. No oath/proceeding required
     Prior Identifications – the witness identified someone earlier, only requires that the witness
    themselves has made the identification.
     Exceptions: ARE hearsay but are allowed.
    o Exceptions when the declarant must be unavailable
     Former testimony - that was given as a witness under oath at a formal proceeding
    (trial/hearing/deposition) and is now offered against a party who then had, or in civil cases, whose
    predecessor in interest had, an opportunity and similar motive to develop it by DX/CX
     Dying declarations - in a prosecution of homicide or in a civil case, a statement that the
    declarant, while believing the declarant’s death to be imminent, made about its cause or
    circumstances
     Statements against interest – contrary to interest, invalidates declarant’s claim against another,
    exposes declarant to civil or criminal liability
    o Exceptions where the availability of the declarant doesn’t matter
     Present sense impressions – during or seconds after
     Excited utterance – as long as the declarant is still excited
     Then-existing mental, emotional, or physical condition – including motive/intent/plan but not
    including backwards looking statements of memory or belief
     Statements made for a medical diagnosis or treatment
     Records of a regularly conducted activity
     Absence of a record of a regularly conducted activity
     Public records
     Public records of vital statistics – records of birth/death/marriage
     Absence of a public record
    o Residual Great Hearsay Exception – in the interests of trustworthiness, necessity, and probativeness
     The right to object to hearsay can be forfeited

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