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Hearsay - Coggle Diagram
Hearsay
Is the evidence an out-of-court statement offered to prove the truth of its content?
No :checkered_flag:
The statement is not hearsay.
Yes :check:
Does the statement fall within an exemption to the hearsay rule?
• Declarant-Witness’s Prior Statement
• Admission by a Party Opponent
Yes :checkered_flag:
The statement is not hearsay
No :warning:
Does the statement fall within an exception to the hearsay rule?
Declarant Unavailable
• Former Testimony
• Statement Under Belief of Imminent Death
• Statement Against Interest
• Forfeiture Against Wrongdoing
Declarant Availability Irrelevant
• Present Sense Impression
• Excited Utterance
• Statement of Then-Existing Condition
• Statement for Medical Diagnosis or Treatment
• Recorded Recollection
• Business Records (or Absence Thereof)
• Public Records (or Absence Thereof)
• Statements in Learned Treatise, Periodical, or Pamphlet
• Reputation Concerning Character
No :no_entry:
The statement is inadmissible hearsay.
Yes :warning:
Is this a civil or criminal case?
Civil
Does the out-of-court statement incorporate another out-of-court statement?
2 more items...
Criminal
Can the statement be admitted without violating the confrontation clause?
2 more items...