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Hearsay Hearsay Exceptions

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Page 1: Hearsay - PBworksabogado.pbworks.com/w/file/fetch/107097633/Hearsay Exceptions.pdf24 Hearsay Exceptions •Rule 803. Exceptions to the Rule Against Hearsay •Rule 804. Declarant Unavailable

Hearsay Hearsay Exceptions

Page 2: Hearsay - PBworksabogado.pbworks.com/w/file/fetch/107097633/Hearsay Exceptions.pdf24 Hearsay Exceptions •Rule 803. Exceptions to the Rule Against Hearsay •Rule 804. Declarant Unavailable

Governing Statutes

• Federal Rules of Evidence (FRE)

• Rule 801-807

• California Evidence Code (CEC)

• Code Section 1200-1390

Page 3: Hearsay - PBworksabogado.pbworks.com/w/file/fetch/107097633/Hearsay Exceptions.pdf24 Hearsay Exceptions •Rule 803. Exceptions to the Rule Against Hearsay •Rule 804. Declarant Unavailable

24 Hearsay Exceptions

• Rule 803. Exceptions to the Rule Against Hearsay

• Rule 804. Declarant Unavailable

Page 4: Hearsay - PBworksabogado.pbworks.com/w/file/fetch/107097633/Hearsay Exceptions.pdf24 Hearsay Exceptions •Rule 803. Exceptions to the Rule Against Hearsay •Rule 804. Declarant Unavailable

Rule 804(4)

• Rule 804(4)-Declarant is unable to be present or to testify at the hearing because of death or then existing physical or mental illness or infirmity.

• http://youtu.be/ve4-nLc9Y2w

Page 5: Hearsay - PBworksabogado.pbworks.com/w/file/fetch/107097633/Hearsay Exceptions.pdf24 Hearsay Exceptions •Rule 803. Exceptions to the Rule Against Hearsay •Rule 804. Declarant Unavailable

Photograph of Police Officers and Plaintiff

Page 6: Hearsay - PBworksabogado.pbworks.com/w/file/fetch/107097633/Hearsay Exceptions.pdf24 Hearsay Exceptions •Rule 803. Exceptions to the Rule Against Hearsay •Rule 804. Declarant Unavailable

Photograph

Page 7: Hearsay - PBworksabogado.pbworks.com/w/file/fetch/107097633/Hearsay Exceptions.pdf24 Hearsay Exceptions •Rule 803. Exceptions to the Rule Against Hearsay •Rule 804. Declarant Unavailable

Rule 803

• Rule 803(7)- Absence of a Record of a Regularly Conducted Activity. Evidence that a matter is not included in a record described in paragraph (6) if:

• (A) the evidence is admitted to prove that the matter did not occur or exist;

• (B) a record was regularly kept for a matter of that kind; and

• (C) neither the opponent does not show that the possible source of the information nor or other circumstances indicate a lack of trustworthiness.

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Alabama Rules of Evidencejudicial.alabama.gov/docs/library/rules/ev803.pdf · Hearsay Rule 803. Hearsay exceptions; availability of declarant immaterial. The following are not excluded

Evidence- Admissibility of Newspapers Under the Hearsay Rule

Hearsay - abogado.pbworks.comabogado.pbworks.com/w/file/fetch/116115353/Hearsay Presentation.pdf · The rationale behind these exemptions/exceptions is that they ... exceptions to

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AJ 104 Chapter 8 Hearsay and Its Exceptions. Definition of Hearsay Hearsay is a statement, other than one made by the declarant while testifying at the

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Ancient Documents and the Rule Against Multiple Hearsay

CHAP. 3 -- RESUMED: THE RULE EXCLUDING HEARSAY – WHAT IS HEARSAY EVIDENCE?

GOBBLEDEGOOK, THE HEARSAY RULE AND … THE HEARSAY RULE AND REFORM OFSECTION 60 Roy DONNELLY* The Hearsay Rule and the Uniform Evidence Act The HearsayRule Priorto the Uniform Evidence

THE HEARSAY RULE: Testimonial Knowledge Definitions: 1. Hearsay Rule: A witness can testify only to those facts which he knows of his personal knowledge;