Hearsay Review

Hearsay

• Three elements
• Assertion
• Out of court
• Fort the truth
• If you have all 3 then the evidence is inadmissible

Statement

• Oral or written assertion or nonverbal conduct of a person if intended by the person as an assertion
• If someone says, "I heard John Doe say..." HEARSAY

Truth

• Ask yourself: Is the statement being made for the truth, or is it being made as notice?

A Few Hearsay Exceptions

Present Sense Impression

• Statement cannot be in the past tense
• Timing is vital, was the statement made just moments after the occurrence?

Excited Utterance

• Must have a startling event
• Statement must be made while under stress from the event
• Timing is not important

Medical Diagnosis/Treatment

• Once you identify 'blame' being imposed, statement is usually not statement of medical diagnosis or treatment

Business Record Hearsay Exception

• Bonus points: Explain why business records are inherently trustworthy (because business usually strive to maintain accurate records)
• Absence of an entry is admissible under the business record exception