The document discusses the rules and exceptions regarding hearsay evidence in a court of law. Hearsay is defined as an out-of-court statement offered to prove the truth of the matter asserted, and is generally not admissible as evidence. However, there are several exceptions where hearsay may be allowed, including present sense impressions, excited utterances, statements of then-existing mental or physical condition, and statements against interest. The document also discusses the rules around hearsay within hearsay, attacking the credibility of a declarant, and the definition of unavailability of a declarant.

1. HEARSAY YEAH YOU BETTER BELIEVE IT HOMESKILLET

2. Reasons For Hearsay Everything testified to in a trial should be subject to cross examination If its an out of court statement, how can the adverse party cross examine the declarant’s statement for truthfulness? Make sure that each side has a chance to get their say on each matter ALL OF LAW IS PRETTY MUCH BASED ON THE ABOVE

3. Rule 801: Definition 1. A statement is (1) an oral or written assertion or (2) nonverbal conduct of a person, if intended as an assertion. Nonverbal conduct: head nodding, pointing A declarant is the person who makes a statement 2. Hearsay is a statement, other than the one made by the declarant while testifying at the trial or hearing, offered to prove the truth of the matter asserted. EVEN if the witness is the declarant- HEARSAY

4. Statements Confused For Hearsay/ How to object The following statement is commonly confused for Hearsay: Prior Statement By Witness during the Trial This would be brought up on cross Why is this okay? It is being cross examined. Both sides may put their own spin on it. If the witness begins to say hearsay- “Objection, Hearsay” If the lawyer asks a question requiring Hearsay in the answer- “Objection, Calls for Hearsay

5. Truth of the matter asserted? If something is being admitted for the “truth of the matter asserted, it: Is offered to prove a point material to the case To Be Hearsay: Out of Court Statement Truth of the Matter Asserted Example: In a case about a murder in which the weather is immaterial, Declarant says: “Janie said she thought the weather was cold.” NOT HEARSAY!

6. Examples “ When you asked if he murdered his wife, did he respond?” “ Yes, he nodded his head ”. Is this Hearsay? “ What happened then?” “She said, ‘ Hey, Bill ,’. And then he attacked her.” Is this Hearsay? “ I told him I didn’t see anyone.” Is this Hearsay?

7. Rule 802: ADMISSABILITY Hearsay is never admissible in court…. UNLESS you have an exception These exceptions are, as everything, at the mercy of the judge. Get used to them being overturned. Be able to quote the exact rule of your exception, you’ll look smarter… really Even if you know that something the other side is trying to get in is hearsay, object! They might not know!

8. Rule 803: Exceptions When Availability of Declarant is Immaterial Present Sense Impression (Subsection 1): Statement describing or explaining made while declarant was experiencing event, or immediately thereafter Excited Utterance (Subsection 2): A statement made by the declarant while the declarant was under the excitement caused by the event Then-Existing Condition (Sub. 3): Statement of declarant’s then-existing state of mind, emotion, or body

9. Discussion Of 803, Sub 1-3 The most crucial part of the three statements stated in previous slide: HOW MUCH TIME PASSED between stressful event and statement Person must have still been under the stress of the event The excitement must have destroyed the usual obstacles of the mind- the declarant must have been too affected to speak falsely

10. 803 Exceptions Con.: Records Subsections 4-14 are all RECORDED DOCUMENTS or ABSENCE OF RECORDED DOCUMENTS Ex.- Family records, marriage statistics, vital statistics, school records, records of membership in religious organizations Anything that is regularly recorded, or a recording that should be there but is missing is admissible MACC Inventory information, perhaps?

11. 803 Exceptions Continued: Reputations Reputation Concerning Personal or Family History (Sub. 19)- Opinion of the reputation of a person’s family history– the Mitchells and Monks, peut-etre... Reputation Concerning Boundaries of Land (Sub. 20)- Opinion as to where the boundaries of land are– MAP, anyone? Reputation of Character (Sub. 21)- reputation of a person’s character as judged by members of the community

12. Rule 804: Exceptions to Hearsay When Declarant is Unavailable Definition of Unavailability The Declarant is: Exempted by the court from testifying Refusing to testify Unable to be present because of death or then-existing illness Unable to be found NOT unavailable if any of the above was caused by any sort of wrongdoing on the part of the witness to keep the declarant from testifying

13. 804 Con.- Exceptions When Availability is Material Previous Testimony (Subsection 1): Testimony given as a witness in any legal procedure IF the opposite party has a motive to develop the information for themselves as well Statement Under Belief of Impending Death (Sub. 2): Testimony made when the declarant was in genuine fear of death. Whether or not the person actually died is irrelevant

14. 804: Exceptions Continued Statement Against Interest (Sub. 3): A statement so wildly against the declarant’s interest that no reasonable person would have made the statement without believing its truth. Ex. “He told me, “Well, don’t say anything, but I definitely lied to the insurance company.”

15. Rule 805: Hearsay WITHIN Hearsay Hearsay within Hearsay is only admissible if both Hearsays have an exception. “ He told me she’d asked him…”

16. Rule 806: Attacking or Supporting Credibility of Declarant When a hearsay statement has been admitted It is possible for either party to attack the credibility of the declarant (impeachment) Evidence of a conduct that contradicted the statement Can basically destroy the declarant’s character without any rules Character evidence becomes relevant