Rules Of Evidence Important 800S

Front 1

Rule 801(d)1

Back 1

Statements which are not hearsay, prior statement by a witness

Hint 1

The declarant testifies at the trial or hearing and is subject to cross-examination concerning the statement, and the statement is (A) inconsistent with the declarant's testimony, and was given under oath subject to the penalty of perjury at a trial, hearing, or other proceeding, or in a deposition, or (B) consistent with the declarant's testimony and is offered to rebut an express or implied charge against the declarant of recent fabrication or improper influence or motive, or (C) one of identification of a person made after perceiving the person

Front 2

Rule 801(d)2

Back 2

Admission by party-opponent

Hint 2

The statement is offered against a party and is (A) the party's own statement, in either an individual or a representative capacity or (B) a statement of which the party has manifested an adoption or belief in its truth, or (C) a statement by a person authorized by the party to make a statement concerning the subject, or (D) a statement by the party's agent or servant concerning a matter within the scope of the agency or employment, made during the existence of the relationship, or (E) a statement by a coconspirator of a party during the course and in furtherance of the conspiracy. The contents of the statement shall be considered but are not alone sufficient to establish the declarant's authority under subdivision (C), the agency or employment relationship and scope thereof under subdivision (D), or the existence of the conspiracy and the participation therein of the declarant and the party against whom the statement is offered under subdivision (E).

Front 3

Rule 802

Back 3

Hearsay Rule

Hint 3

Hearsay is not admissible except as provided by these rules or by other rules prescribed by the Midlands Supreme Court pursuant to statutory authority.

Front 4

Rule 804

Back 4

Hearsay Exceptions; Declarant Unavailable

Hint 4

(1) is exempted by ruling of the court on the ground of privilege from testifying concerning the subject matter of the declarant's statement (2) persists in refusing to testify concerning the subject matter of the declarant's statement despite an order of the court to do so
(3) testifies to a lack of memory of the subject matter of the
declarant's statement
(4) is unable to be present or to testify at the hearing because of death or then existing physical or mental illness or infirmity

Front 5

Rule 804(b)1

Back 5

The following are not excluded by the hearsay rule if the declarant is unavailable as a witness:

1. Former testimony

Hint 5

Testimony given as a witness at another hearing of the same or a different proceeding, or in a deposition taken in compliance with law in the course of the same or another proceeding, if the party against whom the testimony is now offered, or, in a civil action or proceeding, a predecessor in interest, had an opportunity and similar motive to develop the testimony by direct, cross, or redirect examination.

Front 6

Rule 804(b)2

Back 6

The following are not excluded by the hearsay rule if the declarant is unavailable as a witness:

2. Statement under belief of impending death

Hint 6

In a prosecution for homicide or in a civil action or proceeding, a statement made by a declarant while believing that the declarant's death was imminent, concerning the cause or circumstances of what the declarant believed to be impending
death.

Front 7

Rule 804(b)3

Back 7

The following are not excluded by the hearsay rule if the declarant is unavailable as a witness:

3. statement against interest

Hint 7

A statement which was at the time of its making so far contrary to the declarant's pecuniary or proprietary interest, or so far tended to subject the declarant to civil or criminal liability, or to render invalid a claim by the declarant against another, that a reasonable person in the declarant's position would not have made the statement unless believing it to be true. A statement tending to expose the declarant to criminal liability and offered to exculpate the accused is not admissible unless corroborating circumstances clearly indicate the trustworthiness of the statement.

Front 8

Rule 804(b)4

Back 8

The following are not excluded by the hearsay rule if the declarant is unavailable as a witness:

4. statement of personal or family history

Hint 8

(A) A statement concerning the declarant's own birth, adoption,
marriage, divorce, legitimacy, relationship by blood, adoption, or marriage, ancestry, or other similar fact of personal or family history, even though declarant had no means of acquiring personal knowledge of the matter stated; or (B) a statement concerning the foregoing matters, and death also, of another person, if the declarant was related to the other by blood, adoption, or marriage or was so intimately associated with the other's family as to be likely to have accurate information concerning the matter declared.

Front 9

Rule 804(b)6

Back 9

The following are not excluded by the hearsay rule if the declarant is unavailable as a witness:

6. forfeiture by wrongdoing

Hint 9

A statement offered against a party that has engaged or acquiesced in wrongdoing that was intended to, and did, procure the unavailability of the declarant as a witness.

Front 10

Rule 805

Back 10

Hearsay Within Hearsay

Hint 10

Hearsay included within hearsay is not excluded under the hearsay rule if each part of the combined statements conforms with an exception to the hearsay rule provided in these rules.

Front 11

Rule 806

Back 11

Attacking and Supporting Credibility of Declarant

Hint 11

When a hearsay statement, or a statement defined in Rule 801(d)(2)(C), (D), or (E), has been admitted in evidence, the credibility of the declarant may be attacked, and if attacked may be supported, by any evidence which would be admissible for those purposes if declarant had testified as a witness. Evidence of a statement or conduct by the declarant at any time, inconsistent with the declarant's hearsay statement, is not subject to any requirement that the declarant may have been afforded an opportunity to deny or explain. If the party against whom a hearsay statement has been admitted calls the declarant as a witness, the party is entitled to examine the declarant on the statement as if under crossexamination.