Evidence-Wellborn SU2006 Outline

A statement is 1 an oral or written assertion or 2

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Unformatted text preview: Congress FRE 803: Hearsay Exceptions; Availability of Declarant Immaterial Declares that certain things are not excluded by the hearsay rule, even though the declarant is available as a witness: o Present Sense Impression o Excited Utterance o Then Existing Mental, Emotional, or Physical Condition o Statements for Purposes of Medical Diagnosis or Treatment o Recorded Recollection o Records and Regularly Conducted Activity o Public Records and Reports o Learned Treatises FRE 804: Hearsay Excpetions; Declarant Unavailable Declares that certain things are not excluded by the hearsay rule, if the declarant is unavailable as a witness: o Former Testimony o Statement under belief of impending death o Statement against interest o Statement of personal or family history o Forfeiture by wrongdoing Commercial Outline Notes: Definition of Hearsay [FRE 801(a)-(c)] FRE 801 (a) (c): Definition of Hearsay The following definitions apply under this article: a) Statement. A "statement" is (1) an oral or written assertion or (2) nonverbal conduct of a person, if it is intended by the person as an assertion. b) Declarant. A "declarant" is a person who makes a statement. c) Hearsay. "Hearsay" is a statement, other than one made by the declarant while testifying at the trial or hearing,...
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This note was uploaded on 08/28/2008 for the course N 483 taught by Professor Wellborn during the Summer '08 term at University of Texas.

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