hearsay exceptions

declaration against interest

declaration against interest

A statement that put the declarant at risk of civil or criminal liability

excited utterance

A statement made at the time of, or shortly after a startling event, while the speaker (declarant) is still excited or under the stress of excitement

state of mind

A statement that shows the declarant’s mental, emotional, or physical condition

records made in the regular course of business

Example: Bank, phone records

official records and writings by public employees

Example: Autopsy reports

prior inconsistent/consistent statement

if you are proving that something matches (or doesn’t match) what a witness said previously, then referring to that previous testimony is acceptable

statements for the purpose of medical diagnosis or treatment

Medical history, a statement made by the declarant to a doctor when seeking treatment

reputation of a person's character in the community

Must lay foundation that the witness has sufficient knowledge of the person’s reputation. Not just one rumor

dying declaration

A statement made by a dying person about the cause and circumstances of their death, made when they knew that death was imminent

co-conspirator's statements

(1) The statement was made by the declarant while they were participating in a conspiracy to commit a crime/civil wrong, and in furtherance of the conspiracy; (2) The statement was made prior to or during the time that the declarant was participating in the conspiracy; and (3) the evidence is offered either after admission of evidence sufficient to sustain a finding of the facts specified in (1) (2) or, in the court’s discretion as to the order of proof, subject to the admission of that evidence

adoptive admission

Declarant saying something against a person/group that the person/group has believed as true. The person/group MUST have accepted this statement as true. Note--the statement does not actually have to be true

admission against interest by a party opponent

Statement made by the defendant and offered by the prosecution. Admissions are not limited to words, but may also include demeanor, conduct and acts of a defendant.

past recollection recorded

Something written by a witness when events were fresh in his/her memory. Must be read into the record when the witness now has insufficient recollection of the event