PowerPoint Slides (Final Set)

PowerPoint Slides (Final Set) - Unavailability FRE 804(a)...

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Unavailability  FRE 804(a) Privilege Must have judicial ruling upholding privilege Refusal Must be in contravention of judicial order Not recognized in New York Lack of memory Not recognized in New York Death or disability If disability is transient, court may stay
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Unavailability  FRE 804(a) Absence Proponent must show unsuccessful attempt to procure declarant “by process or other reasonable means” In addition, if offering statement as dying declaration, statement against interest, or statement of family history, must show unsuccessful attempt to procure declarant’s deposition “by process or other reasonable means” Unavailability not satisfied if proponent
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Former Testimony New York Civil cases Former testimony may be from: prior trial (CPLR 4517) deposition (CPLR 3117) other proceeding involving cross- examination (common law) Earlier proceeding must have involved: same subject matter same parties or their representatives
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Former Testimony New York Criminal cases - CPL 670.10 Former testimony must be from: related prior criminal trial (involving same charge) preliminary hearing in same case hearing under CPL 660 in same case Former testimony may not be from suppression hearing, grand jury, admin. proceeding, or trial of co-defendant Must have been similar motive to cross-
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Parke r Racha el Dan Parke r v. Dan W: “P had green light.” Rachae l v. Dan W: “P had green light.”
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Parke r Racha el Dan Parker Rachae l v. Dan W: “The accident happene d when _____.” Rachae l v. Parke r W: “The accident happen ed when _____.”
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Parke r Racha el Dan Parker v. Dan W: “D had green light.” Rachae l v. Dan W: “D had green light.”
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Homicide prosecution or civil action only Declarant had to believe death was imminent Declarant’s statements and actions Statements to declarant Declarant’s apparent condition Statement must Declarant must have been victim of homicide Offered only in prosecution for declarant’s homicide Dying Declarations Federal New York Declarant had to have certainty of impending death Statement must concern cause of declarant’s death
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Any statement Statement against pecuniary, civil, or criminal interest when made Admission s Statements Against Interest By party opponent By any person Availability irrelevant Declarant must be unavailable Offered against declarant Offered against any party Personal knowledge not required Declarant must have personal knowledge
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P had the brakes on his car serviced at D’s service station by Mechanic. Mechanic then
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This note was uploaded on 02/18/2008 for the course LAW 2090 taught by Professor Alexander during the Spring '03 term at St. Johns Duplicate.

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PowerPoint Slides (Final Set) - Unavailability FRE 804(a)...

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