Hearsay Exceptions: Declarant's Availability Immaterial

Mnemonic for the hearsay exceptions that apply regardless of the declarant’s availability: “Excellent priests taught medical businesses pubic readings around rocks”

What does each correspond to?

Excited utterance, Present sense impression, then-existing condition, medical diagnosis/treatment, business records, public records, ancient documents, residual exception

An excited utterance is a statement relating to a [..1..] event or condition, made while the declarant was under the stress of [..2..] caused by the event or condition

startling, excitement

A present sense impression is a statement describing or explaining an event or condition, made [..1..] or [..2..] after the declarant perceived it

while, immediately

For a present sense impression, the event or condition does [..1..] be startling

not need

A statement of the declarant's [..1..] state of mind (motive, intent, plan) or emotional, sensory, or [..2..] condition is “Taught” in the mnemonic

then-existing, physical

For the then-existing mental, emotional, or physical condition exception, the statement must be [..1..] with the state of mind or condition

contemporaneous

A statement that is made for, and is [..1..] to, medical diagnosis or treatment

reasonably pertinent

Statements for medical diagnosis or treatment must describe:

• [..1..], past or present symptoms or sensations,

• their [..2..], OR

• their general cause

medical history, inception

Statements attributing [..1..] are generally not admissible under the medical diagnosis exception unless pertinent to [..2..] or treatment

fault, diagnosis

For statements for medical diagnosis, the declarant need [..1..] the patient, as statements can be made by someone on [..2..] of the patient

not be, behalf

A statement for medical diagnosis does not need to be made to a medical professional, as long as its [..1..] is for medical diagnosis or [..2..]

purpose, treatment

The medical diagnosis or treatment exception covers statements of [..1..] and [..2..] conditions

past, present

A business record is a record kept in the course of a regularly conducted [..1..] if it was the [..2..] of that activity to make the record

activity, regular practice

For a business record, the record was made [..1..] or near the time by—or from information transmitted by—someone with [..2..]

at, knowledge

A business record is admissible if, among other elements, the source or preparation method does not indicate a lack of […]

trustworthiness

For the business records exception, the term "business" broadly includes any organization, [..1..], or calling, including [..2..]

occupation, non-profits

For a business record, the person making it or transmitting information must have a regular [..1..] to do so

business duty

A public record includes a record or statement of a public office setting out the office's […]

activities

A public record includes a matter observed while under a legal [..1..] to report (excluding, in criminal cases, matters observed by [..2..])

duty, law-enforcement personnel

In a [..1..] or against the government in a criminal case, public records can include [..2..] from a legally authorized investigation

civil case, factual findings

Public records with law enforcement observations or investigation findings are generally not admissible [..1..] a defendant in a [..2..]

against, criminal case

Recorded recollection applies to a record on a matter the witness once knew but now cannot [..1..] enough to testify fully and accurately

recall well

For recorded recollection, the record must have been made or [..1..] by the witness when the matter was fresh in the witness's [..2..]

adopted, memory

For recorded recollection, the record must [..1..] the [..2..]

accurately reflects, witness's knowledge

If admitted, a recorded recollection may be read into [..1..] but received as an exhibit only if offered by an [..2..]

evidence, adverse party

An ancient document is a statement in a document prepared before [..1..] 1998, and whose [..2..] is established

January 1, authenticity

The residual exception applies if a statement has equivalent circumstantial [..1..] of [..2..]

guarantees, trustworthiness

Under the residual exception, the statement must be offered as evidence of a […]

material fact

Under the residual exception, the statement must be [..1..] than any other evidence obtainable through [..2..]

more probative, reasonable efforts

Admitting a statement under the residual exception must best serve the [..1..] of the evidence rules and the interests of [..2..]

purposes, justice

For the residual exception, the proponent must give an adverse party [..1..] of the intent to offer the statement

reasonable notice

Multiple hearsay occurs when an out-of-court statement itself [..1..] out-of-court statement

contains another

For hearsay within hearsay to be admissible, [..1..] of hearsay must [..2..] a hearsay exception or be defined as non-hearsay

each layer, independently satisfy

For a prior identification to be nonhearsay, a witness on the stand must have made a prior statement identifying the defendant as someone he perceived earlier. It does not suffice to have […] other than the witness who identified the defendant testify.

someone