BLA 361 Evidence

Hearsay

A statement made out of court that is used in court from the truth of the matter asserted

The declarant does not make while testifying at the current trial or hearing

Statement

A person’s oral assertion, written assertion, or nonverbal conduct, if the person intended it as an assertion

Declarant

The person who made the statement

General rule of hearsay

Hearsay is no admissible unless any of the following provides otherwise: a federal statute; these rules; or other rules prescribed by the Supreme Court

Excited utterance

Hearsay exception

A statement related to a startling event or condition, made while the declarant was under stress of excitement that it cause

Dying declaration

Hearsay exception

In a prosecution for homicide or in a civil case, a statement that the declarant, while believing the declarant's earth to be imminent, made about its cause or circumstances

Statement of Then-Existing Mental, Emotional, or Physical Condition

Hearsay exception

A statement of the declarant’s then-existing state of mind (such as motive, intent, or plan) or emotional, sensory, or physical condition (such as mental feeling, pain, or bodily health)

Statement Made for Medical Diagnosis or Treatment

Hearsay exception

A statement that: (A) is made for - and is reasonably pertinent to - medical diagnosis or treatment; and (B) describes medical history; past or present symptoms or sensations; their inception; or their general cause