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Objections and Exceptions By: Gianfranco Gazzo and Antonio Senra This is not meant to be an all-inclusive guide to objections and exceptions. You will find that in the MRE. This is meant to serve as a sort of cheat sheet for responses during trial. Hearsay Your Honor, this questions/testimony calls for hearsay. It is being made by a declarant other than the witness and is being offered for the truth of the matter asserted. Counter: Your honor this statement is not being offered for the truth of the matter asserted but rather the effect on the listener. We don’t care if the statement is true but rather that the witness believed it to be true. Exception #1 Admission by Party opponent: Any statement made by a party, usually the defendant, or a party’s representative and is being offered against the party. Exception #2 Present Sense Impression: A statement describing or explaining an event or condition, made while or immediately after the declarant perception. o Your honor this is a hearsay exception, it is a present sense impression. This statement, by the declarant, was made describing the (insert event) immediately after he perceived it.
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