Evidence: Hearsay

Front 1

***Hearsay 2 Part Definition***

1) Out of court statement of a person (oral or written) AND

2) Offered to prove the truth of the matter asserted in the statement

Back 1

Inadmissible unless an exception/exclusion applies

Hint 1

Non-Hearsay Statements

Out-of-court statement may be relevant to purpose but NOT hearsay because not offered to prove truth of matter asserted. Thus, W credibility irrelevant. Can cross W or examine written stmt.

Limiting instruction re content

Front 2

Non-Hearsay Purposes:

Back 2

1) Verbal Act- legally operative words
[contract offer/cancellation, making gift, bribe, perjury, fraud, defamation, words accompanying ambiguous act]

2) To show effect on person who heard or read the statment [notice]

3) Circumstantial Evidence of Speaker's State of Mind

Front 3

Prior Statements of Trial Witness

Gen: W's own prior statement, if offered to prove truth of the matter asserted in the statement, is hearsay and inadmissible unless an exception or exclusion applies

Back 3

Witness-Statement Exclusions from Hearsay ("non-hearsay")

1. W's prior statement of identification
2. W's prior inconsistent stmt if prior statement made under oath & during formal trial, hearing, proceeding, depo
3. Prior consistent statement used to rebut charge of recent fabrication or improper motive, influence

Front 4

Party Admission

Back 4

1. ANY statement made by a party (plaintiff or defendant) is admissible against the party

2. Non-hearsay

Hint 4

Vicarious Admissions

Statement by agent/employee is admissible against principal/employer if statement concerns matter within scope of agency/employment and is made during agency/employment

Front 5

Excited Utterance

Back 5

Statement concerning startling event and made while declarant is still under the stress of the excitement caused by event

Front 6

Present Sense Impression

Back 6

Description of event made while event is occurring or immediately thereafter

Front 7

Present Statement of Mind

Back 7

Contemporaneous statement concerning declarant's present state of mind, feelings, emotions

Front 8

Declaration of Intent

Back 8

Statement of declarant's intent to do something in the future, including the intent to engage in conduct with another person

Front 9

Present Physical Condition

Back 9

Statement made to anyone about declarant's current physical condition (PRESENT- can't be backward looking)

Front 10

Statement for purpose of medical treatment/diagnosis

Back 10

Statement made to anyone (but usually involves med personnel) concerning past or present symptoms or general cause of condition for purpose of treatment or diagnosis

*also admissible if spoke to physician retained solely for purpose of testifying as expert witness

Front 11

Business Records

Back 11

1) Records of any type of business
2) Made in reg course of business (gemane)
3) Business regularly keeps such records
4) Made at or about time of event recorded
5) Contents consist of info observed by employees of the business, or a statement that falls within an independent hearsay exception

Hint 11

Proving Bus Records Foundation
1) Call sponsoring W to testify to 5 elements of exception; W need not be author (can be records custodian or any knowledgeable person w/in business) or
2) Written cert under oath attesting to elements of bus records exception
3) TX: call sponsoring W or use "self-authentication' affidavit procedure

Front 12

Public Records

Back 12

Records of a public office or agency setting forth:
1) activities of office or agency;
2) matters observed pursuant to duty imposed by law; or
3) findings of fact or opinion resulting from an investigation authorized by law

Hint 12

Exception: Police reports and investig findings inadmissible against defendant in crim case. Nor is prosecution in such cases allowed to intro police report against D under alternative theory of bus records.

Front 13

Impeachment of Hearsay Declarants

Back 13

opponent may use any of impeachment methods to attack credibility of a hearsay declarant