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| Hearsay is a statement, other than one made by the declarant while testifying at the trial or hearing, offered into evidence to prove the truth of the matter asserted |
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| Prior Statement by Witness: The declarant testifies at trial and is subject to cross and the statement is: A) inconsistent B) consistent and used to rebut implied fabrication or C) identification after perceiving |
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| Admission by party-opponent: Offered against a party and is: A) own statement B) adoption/belief C) by person authorized to make a statement D) by agent E) coconspirator |
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| Present Sense Impression: Statement describing event while perceiving or immediately after |
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| Excited Utterance: Statement relating to startling event while under excitement caused by event |
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| Then Existing mental, emotional, or physical condition: Statement of mind, emotion, senstation, or condition (intent, plan, motive, design, mental feeling, pain, and health), not a memory or belief to prove a fact. |
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| Medical diagnosis: Statement for medical diagnosis or treatement, medical history, or past/present symptoms, pain, or sensation, or cause if reasonably pertinent to diagnosis or treatment. |
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| Recorded recollection: a record conerning something had knowledge of, now insufficient recollection. Can only be received as exibit if adverse party does it. Four elements: 1)Firsthand knowledge 2) written near time of event 3) Lack recollection 4) must vouch for accuracy of statement |
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| Business Records: Kept in regular course of business, not prepared in preparation of litigation |
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| Absence of business record: Jiffy Lube example |
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| Public Records: Public office or agency telling what agency did or observed, in criminal, no police reports |
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| Ancient Doc: 20 years or more |
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| Definitions: 1) Exempt 2) Refused 3) Lacks memory 4) Unable due to death/illness 5) Absent |
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| Former Testimony: If unavailable, gave testimony where the party now against had chance to cross, or if civil, the opposing party then had chance for cross |
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| Statement under belief of impending death: In prosecution for homicide, stmt made while believing death was imminent concerning cause/circumstances of impending death |
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| Statement against interest: So far against interest, and corroborating evidence clearly indicates it is trustworthy. Williamson- can't blame shift at all, take out parts that do |
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| Forfeiture by wrongdoing: If engaged or acquiesced in wrongdoing that was intended to, and did, make declarant unavailable |
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| Residual Exception: Catch-all, if trustworthy and 1) offered for material fact 2) more probative than any other evidence proponent can get and 3) general purposes will be served. |
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