Evidence-Wellborn SU2006 Outline

Trial court denied the motion and admitted the

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Unformatted text preview: State as substantive evidence under Rule 801(d)(2)(A) WOW! Unidentified declarant. It is not necessary that the declarant be identified by name, so long as the evidence is otherwise sufficient to show that the declarant bore the necessary relationship to the party and that the subject matter of the statement concerned the defendant's job. Hearsay Exceptions: Admission by a Party-Opponent Individual [FRE 801(d)(2) (A)] FRE 801(d)(2)(A): Statements Which Are Not Hearsay. A statement is not hearsay if The statement is offered against a party opponent and is (A) the party's own statement in either an individual or representative capacity. JEWELL v. CSX TRANSPORTATION, INC. [Hearsay Exception: Admission by party-opponent in an individual capacity FRE 801(d)(2)(A)] Facts: Railroad and car collided. Greg Jewell was killed, Brittney and her mother seriously injured. o Jewell's wife sued. o Brittney's mother sued. (on behalf of Brittney) At trial CSK introduced testimony from six witnesses that Brittney told them that Greg and Sheila had been arguing immediately prior to the accident, and w...
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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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