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Federal Rules of Evidence (Generally, Hearsay is inadmissible (Definitions…
Federal Rules of Evidence
Generally, Hearsay is inadmissible
Rule 802: The Rule Against Hearsay: Hearsay is not admissible unless any of the following provides otherwise: a federal statute; these rules; or other rules prescribed by the Supreme Court.
Definitions:
(a) "Statement' means a person's oral assertion, written assertion or nonverbal conduct if the person intended it as an assertion
(b) "Declarant" means the person who made the sattement
(c) "Hearsay" means a statement that: (1) the declarant does not make while testifying at the current trial or hearing and (2) a party offers to prove the truth of the matter asserted in the statement.
"Truth of the matter asserted"?
801(c)(2)
Evidence is often potentially relevant for many different purposes. Statements made by the declarant, not during the current trial or hearing, may still be admissible for purpose other than supporting or disproving the truth of the matter being dated in the court at that time.
When such evidence is admissible for another purpose, it is up to the trial judge to balancing the probative value of the non-hearsay purpose against the unfair prejudice of the hearsay purpose.
(d) Statements that are not hearsay:
(1) A declarant-witness's prior statement - the declarant testifes and is subject to cross-examination about a prior statement, and the statement:
(a) is inconsistent with the declarant's testimony and was given under penalty of perjury at a trial, hearing, or other proceeding or in a deposition
(b) is consistent with the declarant's testimony and is offered
(2) An opposing party's statement: The statement is offered against an opposing party and:
(a) was made by the party in an individual or representative capacity
(b) is one the party manifested that it adopted or believed to be true
(c) was made by a person whom the party authorized to make a statement on the subject
(d) was made by the party's agent or employee on a matter within the scope of that relationship and while it existed; or
(e) was made by the party's coconspirator during and in furtherance of the conspiracy (...)
But, there are Exception to the Rule Against Hearsay.
Rule 803: Exceptions to the Rule Against Hearsay which may apply regardless of whether the declarant is available as a witness
803(1) Present Sense Impressions
803(2) Excited Utterance
803(3) Then-Existing mental, Emotional, or Physical Condition
803(4) Statement Made for Medical Diagnosis or Treatment
803(5) Recorded Recollection
803(6) Records of Regularly Conducted Activity
803(7) Absence of a Record of a Regularly Conducted Activity
803(8) Public Records
803(9) Public Records of Vital Statistics
803(10) - (24)
803(24) transferred to Rule 807: Residual Exceptions.
(a) In General. Under the following circumstances, a hearsay statement is not excluded by the rule against hearsay even if the statement is not specifrically covered by a hearsay exception in Rule 803-4
(1) the statement has equivalent circumstantial guarantees of trustworthiness;
(2) it is offered as evidence of a material fact;
(3) it is more probative on the point for which it is offered than any other evidence that the proponent can obtain through reasonable efforts
(b) Notice. The statement is admissible only if, before the trial or hearing, the proponent gives an adverse party reasonable notice of the intent to offer the statement and its particulars, including the declarant's name and address, so that the party has a fair opportunity to meet it.
(4) admitting it will best serve the purposes of these rules and the interests of justice.
Rule 804: Exception to the Rule Against Hearsay which may only apply apply when the declarant is Unavailable as a Witness.
What is unavailable?
(1) privilege applies
(2) refuses (despite court order)
(3) cannot remember
(4) illness (mental or physical) preventing
(5) absence (despite reasonable means to procure)
804(1) Former Testimony
(A) was given as a witness at a trial, hearing, or lawful deposition, whether given during the current proceeding or a different one; and
(B) is now offered against a party who had - or, in a civil case, whose predecessor in interest had - an opportunity and similar motive to develop it by direct, cross or redirect examination.
804(2) Statement under the belief of imminent death
Regarded as having extra indicia of reliability; circumstances that make this type of statement less likely to be made dishonestly
804(3) statement against interest
(A) so counter to the declarant's interest they wouldn't have said it if it weren't true; so counter to their interestes that it is more credible
(B) is supported by corroborating (additional) circumstances; other evidence points to this statement being verifiable
804(5) other exceptions, transferred to Rule 807
804(4) Statement of Personal of Family History
Generally, Character Evidence is inadmissible
Except a witness's character for dishonesty, when introduced to discredit that witness
Rule 607
Rule 608
(a) a witness's credibility may be attacked or suported by testimony about the witness's reputation for having a character for truthfulness or untruthfulness, or by testimony in the form of an opinion about that character. But evidence of truthful character is admissible only after the witness's character for truthfulness has been attacked.
(b) except for a criminal conviction under Rule 609, extrinsic evidence is not admissible to prove specific instances of a witness's conduct in order to attack or support the witness's character for truthfulness.
Rule 609
Rule 404
(1) Evidence of a person's character or character trait is not admissible to prove that on a particular occasion the person acted in accordance with the character or trait.
(2) Exceptions for a Defendant or Victim in a Criminal Case
(A) A defendant may offer evidence of the defendant's pertinent trait, and if the evidence is admitted, the prosecutor may offer evidence to rebut it;
(B) ... a defendant may offer evidence of an alleged victim's pertinent trait, and if the evidence is admitted, the prosecutor may: (i) offer evidence to rebut it; and (ii) offer evidence of the defendant's same trait
(C) in a homicide case, the prosecutor may offer evidence of the alleged victim's trait of peacefulness to rebut evidence that the victim was the first aggressor.