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  • Hearsay Chart

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    Jennifer Koerner
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    Hearsay is defined as an out of court statement offered to prove the truth of the matter asserted. Hearsay is generally not admissible as evidence unless it falls under an exception. There are 23 exceptions under Federal Rules of Evidence 803 where the availability of the declarant is immaterial. Additional exceptions exist under 804 where the declarant is unavailable, as well as exemptions under 801(d) for prior statements of witnesses and statements by opposing parties. The residual exception under 807 allows hearsay if it has equivalent circumstantial guarantees of trustworthiness and meets other criteria.

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    Hearsay is defined as an out of court statement offered to prove the truth of the matter asserted. Hearsay is generally not admissible as evidence unless it falls under an exception. There are 23 exceptions under Federal Rules of Evidence 803 where the availability of the declarant is immaterial. Additional exceptions exist under 804 where the declarant is unavailable, as well as exemptions under 801(d) for prior statements of witnesses and statements by opposing parties. The residual exception under 807 allows hearsay if it has equivalent circumstantial guarantees of trustworthiness and meets other criteria.

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    4K views1 page

    Hearsay Chart

    Uploaded by

    Jennifer Koerner
    Hearsay is defined as an out of court statement offered to prove the truth of the matter asserted. Hearsay is generally not admissible as evidence unless it falls under an exception. There are 23 exceptions under Federal Rules of Evidence 803 where the availability of the declarant is immaterial. Additional exceptions exist under 804 where the declarant is unavailable, as well as exemptions under 801(d) for prior statements of witnesses and statements by opposing parties. The residual exception under 807 allows hearsay if it has equivalent circumstantial guarantees of trustworthiness and meets other criteria.

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    Hearsay

    DEFINITION FRE 801(c)


    Hearsay means a statement that: 1- the declarant does not make while testifying at the current trial or hearing; and 2- a party offers in evidence to prove the truth of the matter asserted in the statement.
    FRE 802; Hearsay is not admissible unless any of the following provides otherwise: -a federal statute; -these rules; or other rules prescribed by the Supreme Court.

    Non-Hearsay
    Exemptions & Exclusions

    Hearsay Exceptions
    Declarant Unavailable FRE 803 -Declarant Availability Immaterial
    1-Present Sense Impression 2- Excited Utterance 3- Then existing mental, emotional, or physical condition 4- Statement Made for Medical Diagnosis or Treatment 5- Recorded Recollection 6- Records of Regularly Conducted Activity 7- Absence of a Record of Regularly Conducted Activity 8- Public Records 9- Public Records of Vital Statistics 10- Absence of a Public Record 11- Records of Religious Organizations Concerning Personal or Family History 12- Certifications of Marriage, Baptism or Similar Ceremonies 13-Family Records 14- Records of Documents that Show an Interest in a Property 15- Statements in Documents that Show an Interest in a Property 16- Statements in Ancient Documents 17- Market Reports and Similar Commercial 18- Statements Learned in Certain Treatises, Periodicals, or Pamphlets 19- Reputation Concerning Personal or Family History 20- Reputation Concerning Boundaries or General History 21- Reputation Concerning Character 22-Judgement of a Previous Conviction 23- Judgments Involving Personal, Family, General history or Boundaries 24- Other Exceptions (FRE 807)

    FRE 801(d) Exemptions


    1-Declarant Witness Prior Statement (Prior Consistent/ Inconsistent) 2-An opposing parties statement (Admissions)

    Unavailability Means:
    1- exempted by privilege 2- refuses to testify despite court order 3- lack of memory 4- dead or physically or mentally ill 5- cannot be found *does not apply if the statements proponent caused the witness unavailability

    Exclusions:
    Statements/ conduct that are either nonassertive or not offered for their truth are definitional exclusions as opposed to exemptions under FRE 801(d)

    FRE 804(b) 1-Prior Testimony 2-Statement Under the Belief of Imminent Death 3- Statement Against Interest 4-Statement of Personal or Family History 5-Other Exceptions (FRE 807) 6- Statement Offered Against a Party That Wrongfully Caused the Declarants Unavailability

    FRE 807 (formerly 803 24) Residual Exception may be allowable if it meets the 4 criterion and the other party is properly notified.

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