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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.