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Hearsay Exemptions and Exceptions :Star: - Coggle Diagram
Hearsay Exemptions and Exceptions :Star:
Exemptions
Prior Inconsistent Statement
Is inconsistent with the witness's testimony, and
Was made under penalty of perjury, under oath
Prior Consistent Statement
Is consistent with the witness's testimony, and is offered to:
Rebut an express/implied charge that the declarant fabricated, or acted with improper influence/motive in testifying; or
To rehabilitate the declarant's credibility when attacked
Admission by a Party Opponent
Direct statements
Adoptive Admissions
Authorized Statements
Vicarious Admissions
Co-Conspirator Statements
Definitionally Not Hearsay
Exceptions
Declarant Unavailable
Former Testimony
Statement Under Belief of Imminent Death
Statement Against Interest
Forfeiture Against Wrongdoing
Definitionally Hearsay
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