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Hearsay - Coggle Diagram

- - - - To show the effect on the listener or reader
      - To show the speaker's statement of mind (e.g. intent, motive, or knowledge
      - To show that the statement was made, regardless of its truth (e.g. in defamation or notice cases)
    - - Prior statements by a trial witness - A statement is not hearsay when the declarant testifies and is subject to cross examination about the prior statement AND the statement is either a prior sworn inconsistent statement, a prior consistent statement, or prior identification
      - Admissions by a party opponent - Admissions/statements by a party opponent are not hearsay and thus not barred by the rule against hearsay. They must be statements made by the party they are being used against. also in includes made by a person who the party authorized to make a statement, party's agent or employee within scope of relationship, or a co-conspirator during and in furtherance of the conspiracy
  - - - Former Testimony - Testimony given as a witness at a trial, hearing, or lawful deposition (current or prior proceeding) offered against a party who had, or whose predecessor in interest had, an opportunity and similar motive to develop the testimony by direct/cross/redirect examination.
        
        Dying Declaration - in a homicide or civil case, a statement made while the declarant believed death to be imminent concerning its cause or circumstances
        
        Statement against interest - A statement that, when made, was so contrary to the declarant's proprietary or pecuniary interest or exposed the declarant to civil/criminal liability (and in criminal cases, such a statement offered to expose the declarant to criminal liability must be corroborated to show trustworthiness)
        
        Statement of personal or family history - Statements about the declarant's own birth, adoption, legitimacy, ancestry, marriage, divorce, relationship by blood/adoption/marriage, or similar facts - or about another person's such facts when the declarant was related or intimately associated with the person's family.
        
        Statement offered against a party that wrongfully caused the declarant's unavailability - statements offered against a party who wrongfully caused or acquiesced in causing the declarant's unavailability intending that result (forfeiture by wrongdoing)
    - - Present Sense Impression: A present sense impression is an exception to the hearsay rule. A present sense impression is a statement describing or explaining an event or condition made while or immediately after the declarant perceived it.
        
        Exited Utterance: a statement: (1) relating to a startling event or condition; and (2) made while the declarant was under the stress or excitement caused by the event or condition, is admissible under the excited utterance exception to the hearsay rule. The statement that is made in response to the exciting event need only be "related" to the event; it need not describe or explain that event. DECLARANT SPEAKS WHILE UNDER THE STRESSFUL INFLUENCE OF A STARTING EVENT OR CONDITION
        
        Then-existing mental, emotional, or physical condition - A statement of the declarant's then existing state of mind or emotional, sensory, or physical condition
        
        Statement made for medical diagnosis - A statement that is made for medical diagnosis or treatment; and describes medical history; past or present symptoms or sensations; their inception; or the general cause. These are statements made to medical providers for diagnosis or treatment.
        
        Recorded recollection - A record that the witness once knew but cannot recall well enough to testify fully and accurately; was made or adopted when fresh in the witness's memory; and accurately reflects the witness's knowledge. If admitted the record may be read into evidence, but only an exhibit if offered by an adverse party.
        
        Records of a regularly conducted activity - The record was made at or near the time by someone with knowledge, kept in the course of regular conducted activity, regular practice to make such record, above conditions are shown by testimony of the custodian or another qualified witness or complying certificate. Also there is no indication of lack of trustworthiness.
        
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