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May 11
There are several exceptions to the rule against hearsay evidence, which allow certain types of out-of-court statements to be admitted in court. Some common exceptions include:
1. Statements made by a party opponent: Statements made by a party to the case are not considered hearsay and can be admitted as evidence.
2. Present sense impression: Statements made by a person while perceiving an event or condition are considered reliable and may be admitted as evidence.
3. Excited utterance: Statements made by a person under the stress of a startling event are considered reliable and may be admitted as evidence.
4. Statements for medical diagnosis or treatment: Statements made by a person for the purpose of receiving medical treatment or diagnosis are considered reliable and may be admitted as evidence.
5. Business records: Records kept in the regular course of business are considered reliable and may be admitted as evidence.
6. Public records: Official government records are considered reliable and may be admitted as evidence.
7. Dying declarations: Statements made by a person who believes they are about to die are considered reliable and may be admitted as evidence.
These are just a few examples of exceptions to the hearsay rule, and there are many others depending on the specific circumstances of the case.
1. Statements made by a party opponent: Statements made by a party to the case are not considered hearsay and can be admitted as evidence.
2. Present sense impression: Statements made by a person while perceiving an event or condition are considered reliable and may be admitted as evidence.
3. Excited utterance: Statements made by a person under the stress of a startling event are considered reliable and may be admitted as evidence.
4. Statements for medical diagnosis or treatment: Statements made by a person for the purpose of receiving medical treatment or diagnosis are considered reliable and may be admitted as evidence.
5. Business records: Records kept in the regular course of business are considered reliable and may be admitted as evidence.
6. Public records: Official government records are considered reliable and may be admitted as evidence.
7. Dying declarations: Statements made by a person who believes they are about to die are considered reliable and may be admitted as evidence.
These are just a few examples of exceptions to the hearsay rule, and there are many others depending on the specific circumstances of the case.
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Google Gemini AI
May 11
Present Sense Impressions
- Statements made while perceiving the event or condition described
Excited Utterances
- Spontaneous statements made under the stress of excitement
- Requirement: Witness personally observed the startling event
Then-Existing Mental, Emotional, or Physical Condition
- Statements about the declarant's present or past mental, emotional, or physical condition
- Made while the condition was experienced
Statements for Purposes of Medical Diagnosis or Treatment
- Statements made by a patient to a healthcare professional for diagnostic or treatment purposes
Recorded Recollections
- Written or recorded statements made by a witness within a reasonable time after the perceived event
- Requirement: Witness testifies or is unavailable
Business Records
- Records kept in the ordinary course of business
- Requirement: Foundation laid showing regularity and trustworthiness
Public Records
- Records maintained by public officials in their official capacities
- Requirement: Admissibility per statutory rule or other exception
Ancient Documents
- Documents over 20 years old
- Requirement: Circumstances indicate authenticity and reliability
Admissions
- Statements made by a party-opponent that are probative of a material fact
- Can be direct admissions or admissions by silence
Dying Declarations
- Statements made by a declarant in anticipation of their impending death
- Requirement: Declarant had knowledge of the impending death and was competent
Declarations Against Interest
- Statements made by a declarant that are against their own pecuniary or proprietary interest
- Requirement: Statements made without motive to fabricate
Character Evidence
- Exceptions to hearsay rule for character evidence include:
- Reputation or opinion in the community
- Specific instances of conduct
- Prior convictions for specific crimes under certain circumstances
- Statements made while perceiving the event or condition described
Excited Utterances
- Spontaneous statements made under the stress of excitement
- Requirement: Witness personally observed the startling event
Then-Existing Mental, Emotional, or Physical Condition
- Statements about the declarant's present or past mental, emotional, or physical condition
- Made while the condition was experienced
Statements for Purposes of Medical Diagnosis or Treatment
- Statements made by a patient to a healthcare professional for diagnostic or treatment purposes
Recorded Recollections
- Written or recorded statements made by a witness within a reasonable time after the perceived event
- Requirement: Witness testifies or is unavailable
Business Records
- Records kept in the ordinary course of business
- Requirement: Foundation laid showing regularity and trustworthiness
Public Records
- Records maintained by public officials in their official capacities
- Requirement: Admissibility per statutory rule or other exception
Ancient Documents
- Documents over 20 years old
- Requirement: Circumstances indicate authenticity and reliability
Admissions
- Statements made by a party-opponent that are probative of a material fact
- Can be direct admissions or admissions by silence
Dying Declarations
- Statements made by a declarant in anticipation of their impending death
- Requirement: Declarant had knowledge of the impending death and was competent
Declarations Against Interest
- Statements made by a declarant that are against their own pecuniary or proprietary interest
- Requirement: Statements made without motive to fabricate
Character Evidence
- Exceptions to hearsay rule for character evidence include:
- Reputation or opinion in the community
- Specific instances of conduct
- Prior convictions for specific crimes under certain circumstances
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