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Topic: Hearsay rule

	Los Angeles Lawyer - Hearsay
		Today the hearsay rule has developed into a complex set of evidentiary rules of admissibility that are used to prevent various types of statements and documents from being entered into evidence in various types of court proceedings, though they may be allowed in other types of alternative dispute resolution.
		One rationale for the hearsay rule is that the credibility of the person being quoted (the out-of-court "declarant") or the declarant's observations cannot be cross-examined by the person against whom the testimony is being proffered.
		Hearsay exceptions only mean that the trier of fact (a judge or jury) will be informed of the hearsay statement and get to consider it when they make their decision in the case.
	www.danataschner.com /hearsay.html (1509 words)

	Hearsay - Wikipedia, the free encyclopedia
		Hearsay is generally not admissible in common law courts because it is of suspect value, but there are many exceptions to this prohibition.
		Today the hearsay rule has developed into a complex set of evidentiary rules of admissibility that are used to prevent various types of statements and documents from being entered into evidence in various types of court proceedings, though they may be allowed in other types of alternative dispute resolution.
		Hearsay exceptions only mean that the trier of fact (a judge or jury) will be informed of the hearsay statement and get to consider it when they make their decision in the case.
	en.wikipedia.org /wiki/Hearsay (2169 words)

	FRE 806 - Attacking and Supporting Credibility of Declarant (Site not responding. Last check: 2007-10-21)
		When a hearsay statement, or a statement defined in Rule 801(d)(2), (C), (D), or (E), has been admitted in evidence, the credibility of the declarant may be attacked, and if attacked may be supported, by any evidence which would be admissible for those purposes if declarant had testified as a witness.
		The force of Mattox, where the hearsay was the former testimony of a deceased witness and the denial of use of a subsequent inconsistent statement was upheld, is much diminished by Carver, where the hearsay was a dying declaration and denial of use of a subsequent inconsistent statement resulted in reversal.
		Consequently, Rule 806 by referring exclusively to the admission of hearsay statements, does not appear to allow the credibility of the declarant to be attacked when the declarant is a coconspirator, agent or authorized spokesman.
	www.law.harvard.edu /publications/evidenceiii/rules/806.htm (960 words)

	Evidence - Chapter 33
		Rule 803(1) requires: (1) a statement describing or explaining an event or condition, (2) about which the declarant had firsthand knowledge, and (3) made at the time the declarant was perceiving the event or immediately thereafter.
		Rule 803(2) requires: (1) a startling event; (2) a statement relating to that event; (3) made by a declarant with firsthand knowledge; and (4) made while the declarant was under the stress of the excitement caused by the event.
		Rule 803(8)(B) governs records setting forth "matters observed pursuant to duty imposed by law as to which matters there was a duty to report, excluding, however, in criminal cases matters observed by police officers and other law enforcement personnel." The rule specifically excludes police reports in criminal cases.
	www.lexisnexis.com /lawschool/study/outlines/html/evid/evid33.htm (1640 words)

	Rule 804.Hearsay Exceptions-Declarant Unavailable.
		Rule 803, supra, is based upon the assumption that a hearsay statement falling within one of its exceptions possesses qualities which justify the conclusion that whether the declarant is available or unavailable is not a relevant factor in determining admissibility.
		The instant rule proceeds upon a different theory: hearsay which admittedly is not equal in quality to testimony of the declarant on the stand may nevertheless be admitted if the declarant is unavailable and if his statement meets a specified standard.
		Alaska Rule 804(b) (3) rejects this expansion because it is not clear whether the hatred, ridicule, or disgrace that the declarant must fear to qualify his statements under the hearsay exception must be widespread in the community, or in some subgroups, or can be limited to the person to whom the statement is made.
	www.touchngo.com /lglcntr/ctrules/evcom/EVC-60.htm (3615 words)

	Rule 804 (Site not responding. Last check: 2007-10-21)
		Rule 804(b)(6) has been added to provide that a party forfeits the right to object on hearsay grounds to the admission of a declarant’s prior statement when the party’s deliberate wrongdoing or acquiescence therein procured the unavailability of the declarant as a witness.
		Rule 803, supra, is based upon the assumption that a hearsay statement falling within one of its exceptions possesses qualities which justify the conclusion that whether the declarant is available or unavailable is not a relevant factor in determining admissibility.
		The instant rule proceeds upon a different theory: hearsay which admittedly is not equal in quality to testimony of the declarant on the stand may nevertheless be admitted if the declarant is unavailable and if his statement meets a specified standard.
	www.law.harvard.edu /publications/evidenceiii/rules/804.htm (5363 words)

	Hearsay Rule and Exceptions (Site not responding. Last check: 2007-10-21)
		The origins of the hearsay rule can be traced to the trial of Sir Walter Raleigh in 1603, who was found guilty of high treason on the basis of testimony that someone had overheard someone else say they heard Raleigh would slit the King's throat.
		In such cases, this kind of impeached hearsay evidence might be admitted at trial and used against the defendant since the witness never intended to assert the truth or the nonverbal conduct that was going on behind the scene.
		It should be obvious that the hearsay rule is intimately involved in legal inferences of "proof" and "truth" as well as all things relating to witness reliability, sincerity, perception, and memory.
	faculty.ncwc.edu /toconnor/405/405lect11.htm (4741 words)

	Evidence - Chapter 31
		Rule 801(c) defines hearsay as a “statement, other than one made by the declarant while testifying at the trial or hearing.” Hence, an out-of-court (extrajudicial) statement does not lose its hearsay character simply because the declarant later becomes a witness at trial and testifies about the statement.
		Rule 103), and the evidence may be considered by the jury for whatever probative value the jury wishes to give it.
		The Rules of Evidence avoid the use of the term "res gestae," a confusing phrase which encompasses both evidence that is not hearsay and evidence that is hearsay but may fall within several exceptions to the hearsay rule.
	www.lexisnexis.com /lawschool/study/outlines/html/evid/evid31.htm (1029 words)

	Federal Rules of Evidence (LII 2006 ed.)
		These rules shall be construed to secure fairness in administration, elimination of unjustifiable expense and delay, and promotion of growth and development of the law of evidence to the end that the truth may be ascertained and proceedings justly determined.
		Hearsay included within hearsay is not excluded under the hearsay rule if each part of the combined statements conforms with an exception to the hearsay rule provided in these rules.
		When a hearsay statement, or a statement defined in Rule 801(d)(2)(C), (D), or (E), has been admitted in evidence, the credibility of the declarant may be attacked, and if attacked may be supported, by any evidence which would be admissible for those purposes if declarant had testified as a witness.
	www.law.cornell.edu /rules/fre/rules.htm (6962 words)

	The following are not excluded by the hearsay rule, even though the declarant is available as a witness: (Site not responding. Last check: 2007-10-21)
		In a hearsay situation, the declarant is, of course, a witness, and neither this rule nor Rule 804 dispenses with the requirement of firsthand knowledge.
		Rule 803(7) as submitted by the Court concerned the absence of entry in the records of a "regularly conducted activity." The Committee amended this Rule to conform with its action with respect to Rule 803(6).
		While the rule as submitted by the Court was silent on the question of who made the memorandum, we view the House amendment as a helpful clarification, noting, however, that the Advisory Committee's note to this rule suggests that the important thing is the accuracy of the memorandum rather than who made it.
	docs.suijuris.net /fre_list/803/1.htm (12094 words)

	NM Judges Training - Hearsay
		The general rule is that hearsay is inadmissible.
		The purpose of the hearsay rule is to limit the danger of unreliable evidence at trial.
		By its very nature, hearsay is the statement of a person who is not testifying at trial under oath and not subject to cross-examination.
	jec.unm.edu /training/hearsay/intro.htm (209 words)

	Federal Rules of Evidence Committees' Comments on Hearsay
		The effect of the definition of "statement" is to exclude from the operation of the hearsay rule all evidence of conduct, verbal or nonverbal, not intended as an assertion.
		The House approved the long-accepted rule that "a statement by a coconspirator of a party during the course and in furtherance of the conspiracy" is not hearsay as it was submitted by the Supreme Court.
		While the rule refers to a coconspirator, it is this committee's understanding that the rule is meant to carry forward the universally accepted doctrine that a joint venturer is considered as a coconspirator for the purposes of this rule even though no conspiracy has been charged.
	www.lectlaw.com /files/crf08.htm (3632 words)

	Rule 803.Hearsay Exceptions- Availability of Declarant Immaterial.
		The present rule proceeds upon the theory that under appropriate circumstances a hearsay statement may possess circumstantial guarantees of trustworthiness sufficient to justify non-production of the declarant in person at the trial even though he may be available.
		In a hearsay situation, the declarant is, of course, a witness, and neither this rule nor Rule 804 dispenses with the requirement of firsthand knowledge.
		The foundation of the minority view is that the hearsay objection must be regarded as unimpressive when directed against treatises since a high standard of accuracy is engendered by various factors: the treatise is written primarily and impartially for professionals, subject to scrutiny and exposure for inaccuracy, with the reputation of the writer at stake.
	www.touchngo.com /lglcntr/ctrules/evcom/EVC-59.htm (5828 words)

	OVERVIEW OF HEARSAY:
		Rule 802 purports to say that evidence that meets the definition of hearsay is not admissible.
		If the lawyer actually understood hearsay, of course, he or she would not make a hearsay objection because the lawyer would know that the evidence was in fact admissible through some loophole under rule #1.
		Conduct is hearsay only if the person engaging in the conduct probably intended it to assert a fact observed, e.g., a police officer testifies that he asked "Who shouted fire," and several people pointed to Bill.
	www.law.indiana.edu /instruction/tanford/b723/hearsay.html (1041 words)

	INDIANA RULES OF EVIDENCE
		These rules apply in all proceedings in the courts of the State of Indiana except as otherwise required by the Constitution of the United States or Indiana, by the provisions of this rule, or by other rules promulgated by the Indiana Supreme Court.
		In case the ruling is one excluding evidence, the substance of the evidence was made known to the court by a proper offer of proof, or was apparent from the context within which questions were asked.
		This rule does not require exclusion when the evidence is offered for another purpose, such as proving bias or prejudice of a witness, negating a contention of undue delay, or proving an effort to obstruct a criminal investigation or prosecution.
	www.in.gov /judiciary/rules/evidence (6653 words)

	[No title]
		Hearsay is not admissible except as provided in these rules.}{\plain \par }\pard \s31\tx1440\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040\tx5760\tx6480\tqr\tx7200 {\plain \b\f1\fs15 \~\par }\pard \s31\li720\ri720\tx720\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040\tx5760\tx6480\tx7200\tqr\tx7920 {\plain \f1\fs15 \par }\pard \s31\ri720\sb99\tx0\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040\tx5760\tx6480\tx7200\tqr\tx7920 {\plain \ul Text\par }\pard \s31\sb99\tx0\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040\tx5760\tx6480\tx7200\tqr\tx7920 {\plain The hearsay rule is the most difficult rule of evidence to fully grasp.
		This rule does not only apply to the party opponent, but also to his agents, employees, and conspirators in which their activity was consistent with their relationship to the party opponent.
		The reason for this rule is that the party opponent is probably at trial, and can refute the statement when he takes the stand.\par }\pard \fi720\tx0\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040\tx5760\tx6480\tx7200\tqr\tx7920 {\plain \par }\pard \fi720\tx0\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040\tx5760\tx6480\tx7200\tqr\tx7920 {\plain These are the basic rules of hearsay.
	www.cwru.edu /orgs/undergradmocktrial/notebook/section_15.doc (1309 words)

	The Orange Bulletin - OBJECTION: Hearsay! - Looking at the Law
		The reason for the hearsay rule is that the person who made the statement outside the courtroom is not subject to cross-examination regarding whether or not the statement is true.
		Again, while a spontaneous utterance may fit the definition of hearsay which would render it otherwise inadmissible, the circumstances under which it was uttered might bring the statement within the spontaneous utterance exception of the hearsay rule.
		There are many other exceptions to the hearsay rule, all of which are deemed exceptions by virtue of the fact that they are reliable because of either the situation under which they are rendered or because of some other reason making them more reliable than simple assertions of hearsay.
	www.zwire.com /site/news.cfm?BRD=1661&dept_id=9539&newsid=10765004&PAG=461&rfi=9 (1099 words)

	RULE 802. HEARSAY RULE
		HEARSAY RULE Hearsay is not admissible except as provided by these rules or by other law.
		Subject to Rule 807, a statement contained in any form such as records of births, fetal deaths, deaths, or marriages, if the report thereof was made to a public office pursuant to requirements of law.
		HEARSAY WITHIN HEARSAY A statement within the scope of an exception to Rule 802 shall not be inadmissible on the ground that it includes a statement made by another declarant which is offered to prove the truth of its contents if the included statement itself meets the requirements of an exception to Rule 802.
	www.njlaws.com /rule_802_hearsay_rules.htm (1453 words)

	[No title] (Site not responding. Last check: 2007-10-21)
		The rule against hearsay in civil proceedings excludes the admission of second-hand evidence, subject to certain exceptions.
		Over time, the exceptions to the hearsay rule had become more complex and unclear, and there had been considerable criticism of the rule on the basis that the question of hearsay should go to the weight attached to the evidence, rather than to its admissibility.
		There should be no requirement for parties to the proceedings to give notice of their intention to introduce hearsay evidence, but there should be a power to call and cross-examine a witness whose evidence has been tendered as hearsay by another party.
	www.hkreform.gov.hk /en/publications/rhearsay.htm (201 words)

	Hearsay Evidence in Domestic Violence Cases
		But this rule has numerous exceptions, allowing hearsay statements to be admitted if they were made under circumstances that ensure their reliability.
		Consequently, the U.S. Supreme Court has ruled that when hearsay evidence offered against a criminal defendant is “testimonial” and the declarant is unavailable to testify at trial, the federal Confrontation Clause prohibits admission of the evidence unless the defendant had a prior opportunity to cross-examine the declarant.
		When the out-of-court statement is not testimonial, the hearsay may be admitted if it falls into one of the “firmly rooted exceptions” to the hearsay rule.
	jec.unm.edu /resources/benchbooks/dv/hearsay_chart/index.htm (842 words)

	Hearsay
		A change in the rules became necessary when savvy attorneys (on both the landlord and tenant sides) began to object to the admission of hearsay evidence.
		From a practical point of view, the purpose of the "hearsay" objection is to exclude from a trial verbal or non-verbal evidence that cannot be tested, then and there, for its accuracy or truthfulness, by cross-examination or other means.
		Not all out of court statements are hearsay, because you don't always use a statement to "prove the truth of the matter stated." For example, if you offer the statement "John told me that the earth was flat," to prove that the earth is in fact flat, the statement is hearsay.
	www.lightnergroup.com /html/hearsay.html (722 words)

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