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Hearsay (Exceptions: (803 (Excited Utterance (2):
1) Speak while excited…
Hearsay
Exceptions:
Unavailable 804(a)
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Refusal/Lack of Memory (2) & (3)
Must call dec to stand; dec asserts priv not recognized by court
*Often showed outside jury's presence
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804 (b)
Former Testimony (1)
1) Must be given at trial/hearing/depo
2) Must have opportunity to question dec
3) Must have similar motives
4) Must be same party in crim case
Dying Decs (2)
1) Dec must be unavailable
2) Only in civil/homicide cases
3) Imminent death
4) Must concern cause/circumstances of death
Forfeiture (6)
1) Must wrongfully cause witnesses unavailability
2) Must intend to make witness unavailable
*Need not commit, only acquiesce
Statement Against Interest (3)
1) Unavailable
2) Against decs interest when made
3) Would reas pers make false statement?
4) Statements exposing dec to crim liability must be corroborated, indicating trustworthiness
803
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State of Mind (3):
1) Emotion, sensory, physical cond, etc
2) Then-existing
3) Circumstantial evid of Mental State
4) Hillman case
Medical Treatment (4)
1) Made & pertinent for diagnosis/treatment
2) Medical history; past/present; general cause
*Domestic/sexual abuse cases may reveal fault
Record Recollection (5)
1) Record made & agreed to by declarant
2) Testify once knew info at time was "fresh" & accurate
*Witness may read at trial; only adverse may intro evid
Business Records (6)
1) Records by members of org w/ personal knowledge
2) Made/kept in course of regularly conducted activity
3) Org's regular practice to keep records
4) Witness must testify to all 3 above
*Docs prepared for lit or untrustworthy are not admitted
Public Records (8)
1) Recs of agency's activities
2) Observations agency had legal duty to report
3) Reports of legally authorized investigation
*Includes conclusions, inferences, & opinions;
Recs under (2)(3) not admitted in crim case
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Directories, Lists, etc (17)
Admitted if relied on by public or occupation
Learned Treatises (18)
1) Admitted if reliable & authoritative
2) Not introduced in evid but used while examining
3) Read into evid
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Residual Exception 807
1) Meets trustworthiness requirement
2) More probative than other evid (last resort)
3) Reasonable notice of intent/details/name & address
Impeach Dec 806
1) Only hearsay, agent, etc
2) Introduce evid as if witness (613, 608-09)
*Need not "explain/deny" & omits dishonest acts/crim convictions (609)