Evidence-Wellborn SU2006 Outline

Medical examination of older daughter revealed

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Unformatted text preview: ould agree with the district court." Trial court can look at circumstances of statement and say it's trustworthy regardless of the fact that it is trustworthy, even if it doesn't fall into the exception l list originally was going to be this way but the bar did not like it, so the committee adopted lists of exceptions in 803 in 804 instead. o Every exception that they put in the rules had a common law or statutory forerunner. o But THEN they tacked at the end, these residual exceptions (under the influence of people like McCormick.) Almost no case law to support the residual exceptions Five requirements for evidence to be admitted pursuant to Rule 807: Notice requirement must give adverse party notice as specified in rule Flexible: Lack of pretrial notice does not preclude admissibility so long as the opponent is given a fair opportunity to contest the use of the evidence. Statement must have circumstantial guarantees of trustworthiness. Evidence "must possess indicia of reliability by virtue of its inherent trustworthiness, not be reference to other evidence at trial." KEY! S...
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