Evidence Ca -- Hearsay*

Front 1

CA Hearsay

Back 1

***Exception to Prop 8 -- Hearsay exempt***

Front 2

CA Hearsay -- Exception
Admissions of Party Opponent
(2)

Back 2

1) Hearsay, but an exception
2) Declarant must must unavailable

Front 3

CA Hearsay -- Exception
Vicarious Party Admissions

Back 3

EE statement treated as admission of EM only if negligent conduct of EE is basis for EM's liabilty under resp superior

Front 4

CA Hearsay -- Exception
Prior Inconsistent Statement of Witness

Back 4

Hearsay, but admissible regardless of whether under oath or not

Front 5

CA Hearsay -- Exception
Prior Consistent Statement Now Testifying at Trail

Back 5

Hearsay, but exception

Front 6

CA Hearsay -- Exception
Declaration Against Interest

Back 6

If, at time it was made, it was against the financial interest of declarant or would have subjected declarant to criminal liability
IF OFFERED TO EXCULPATE ACCUSED, there must be corroborating evidence to admit the statement
***does not have to be made by a party, can be made by anyone***


CA - also includes: statements against social interest b/c risks making declarant object of "hatred, ridicule, social disgrace in community"

Declarant must be unavailable

Front 7

CA Hearsay -- Exception
Former Testimony
(3)

Back 7

1) Adverse party in earlier proceeding
2) Adverse party had opp to examine
3) Motive to cross then similar now

CA CIVIL -- Similar interest? Qw
CA -- If party (or their successor in interest) offered evidence in previous case

If depo testimony and deponent more than 150 miles from courthouse, admissible at trial

(Broader than Federal Laws)

4) Declarant must be unavailable

Front 8

CA Hearsay -- Exception

Dying Declaration
(4)

Back 8

1) Hearsay statement by one believing imminent death and describing cause or circumstances leading to impending death
2) Admissible in civil and homicide cases
3) Declarant must be dead

Front 9

CA Hearsay -- Exception

Present Sense Impression

Back 9

Hearsay statement describing or explaining declarant's conduct and nothing else

(Narrower than Federal rule)

Front 10

CA Hearsay -- Exception
Statement Describing Infliction of Threat of Physical Abuse

(the OJ exception)
(2)

Back 10

Statement made near or at time of injury or threat
2) Declarant must be unavailable

Front 11

CA Hearsay -- Exception
Excited Utterance
(2)

Back 11

1) Hearsay statement relating to startlng event or condition made while declarant was still under stress of excitement
2) Declarant need not be unavailable

Front 12

CA Hearsay -- Exception
Existing Physical or Mental Condition
(3)

Back 12

1) Hearsay statement of declarant's then existing physical or mental condition or state of mind (to show condition or state of mind)
2) No need to show declarant unavailable
3) CANNOT BE for external facts "remembered or believed"

Front 13

CA Hearsay -- Exception
Statement for Past/Present Medical Condition for Diagnosis
(3)

Back 13

Statement of past or present mental or physical condition admissible IF
1) made for medical diagnosis or treatment
2) ONLY if declarant is a MINOR describing an act of child abuse or neglect
3) Declarant need not be unavailable

Front 14

CA Hearsay -- Exception
Statement of Past or Present Medical Condition even if NOT for Medical Treatment

Back 14

Statement of declarant's past physical or medical condition IF at issue in the case

Front 15

CA Hearsay -- Exception
Business Records
(4)

Back 15

FOR SIMPLE OPINIONS AND DIAGNOSES ONLY

Admissible if record of events or conditions kept in coruse of regularly conducted business
1) IF made at or near time of matters described
2) by a person with knowledge of facts
3) AND record trustworthy
4) Declarant need not be unavailable

Front 16

CA Hearsay -- Exception
Public Records
(3)

Back 16

Record made by a public EE admissible if:
1) Making records winthin scope of duties
2) Record made at or near time of matters described
3) Circumstances are trustworthy

(No limits on prosecution compared to Fed rule)

Front 17

CA Hearsay -- Exception
Judgment of Conviction

Back 17

CIVIL -- Specific exception for convictions applies only to civil cases

CRIMINAL -- Prop 8 allows in if moral turp involved

CIVIL AND CRIMINAL -- Certified copy of judgment of conviction allowed as a PUBLIC RECORD EXCEPTION

Front 18

Unavailability

CA and FED
(5)

Back 18

FED 1) Privileged
2) Dead or sick
3) Appearance cannot be procured

ALSO:
4) total memory loss
5) refuses to testify out of fear

Front 19

CA Dead Man Act

Back 19

None