Lecture 2 of 5: Hearsay and Its Exceptions in Evidence Law

Source: Lecture Two of Five: Evidence Law

Main Themes:

Hearsay: Hearsay is an out-of-court statement presented to prove the truth of the matter it asserts. It's generally inadmissible due to concerns about reliability since the declarant (the person who made the statement) isn't present for cross-examination. The lecture emphasizes that hearsay rules are crucial for ensuring evidence credibility and upholding justice.

Hearsay Exceptions: The lecture explores several exceptions to the hearsay rule, categorizing them based on the declarant's availability. These exceptions aim to establish the reliability of the out-of-court statement even without cross-examination.

Practical Application: Understanding the rationale behind each exception and practicing their application is vital. This helps develop the ability to swiftly identify hearsay and apply the correct exception in legal settings.

Most Important Ideas/Facts:

I. Hearsay Defined:

Federal Rule of Evidence 801: This rule defines hearsay as an out-of-court statement offered to prove the truth of what it asserts.

Reliability Concerns: Hearsay's reliability is questioned because the absence of cross-examination prevents scrutiny of the declarant's perception, memory, and potential biases. Cross-examination is a crucial tool for attorneys to assess a witness's credibility.

II. Exceptions to the Hearsay Rule:

A. Exceptions Regardless of Declarant Availability:

Present Sense Impression (FRE 803(1)): A statement describing an event made while or immediately after the declarant perceived it. Its reliability stems from the immediacy of the statement.

Excited Utterance (FRE 803(2)): A statement relating to a startling event, made while the declarant was under the stress of excitement caused by the event. The emotional impact is thought to bolster reliability.

Statements of Mental, Emotional, or Physical Condition (FRE 803(3)): Statements reflecting the declarant's then-existing state of mind, emotion, sensation, or physical condition.

Recorded Recollection (FRE 803(5)): A record made by a witness when their memory was fresh, which they can vouch for but cannot currently recall.

Business Records Exception (FRE 803(6)): Records made in the regular course of business, near the time of the event. Their reliability is supported by the regularity and business motivation for accuracy.

B. Exceptions When Declarant is Unavailable (FRE 804):

Former Testimony (FRE 804(b)(1)): Testimony from a prior hearing or deposition where the opposing party had the chance to cross-examine the declarant.

Dying Declarations (FRE 804(b)(2)): Statements made under the belief of imminent death, concerning the cause or circumstances of the impending death. The belief in impending death is considered to compel truthfulness.

Statements Against Interest (FRE 804(b)(3)): Statements so contrary to the declarant's self-interest that a reasonable person wouldn't have made them unless they were true.

III. Residual Exception (FRE 807):

A "catch-all" provision for reliable hearsay that doesn't fit other exceptions. Admissibility is at the judge's discretion and requires a finding that it serves justice and is necessary for the case.

IV. Emphasis on Practical Application:

The lecture stresses using hypotheticals to practice applying hearsay rules and exceptions. This hones the ability to recognize and apply the appropriate exception quickly, a crucial skill for both exams and real-life litigation.