Hearsay Exceptions

hearsay

1) A statement made out of court and 2) statement is being offered to prove the truth of the issue being discussed

declaration against interest

the hearsay is possibly damaging to the declarant (economically, or legally, or socially)

excited utterance

the hearsay was made during or shortly after a startling event

state of mind

the hearsay shows the declarant's then-existing emotional or physical condition

record made in the regular course of business

The hearsay is a document generated in the normal course of business.

admission by a party opponent

The hearsay being used against the declarant when the original statement might not have been intended against interest.

Official records by public employees

Writing made by public employee as a part of their job as a record of an act or event

Statements for medical diagnosis or treatment

The statement was made by the declarant to a doctor when seeking treatment.

Reputation of a person's character in the community

The hearsay displays someone's reputation within a specific community.

Dying Declaration

Statement made by a dying person about the cause and circumstances of his or her death.

Co-conspirator's statement

Statement made by the declarant to the witness while both were participating in a conspiracy to commit a crime

Declarant

The person who made the statement out of court.

Past recollection recorded

Something written by the witness in the past.