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USA · 2L · Evidence

Hearsay Exclusions & Exceptions

The rules you will apply on every hearsay question.

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  1. 1.FRE 801(d)(2) — opposing party's statement?

    A statement offered against a party that the party made (or adopted, authorised, or made by its agent or co-conspirator in furtherance) is not hearsay.

    Fed. R. Evid. 801(d)(2)

  2. 2.FRE 803(1) vs 803(2)?

    803(1) present sense impression: describing an event while or immediately after perceiving it. 803(2) excited utterance: relating to a startling event made while under the stress of excitement it caused.

    Fed. R. Evid. 803(1)–(2)

  3. 3.FRE 803(6) — business records requirements?

    Record made at or near the time by someone with knowledge, kept in the course of a regularly conducted activity, as a regular practice — shown by a custodian or certification — unless the opponent shows lack of trustworthiness.

    Fed. R. Evid. 803(6)

  4. 4.FRE 804(b) exceptions requiring unavailability?

    Former testimony, statement under belief of imminent death, statement against interest, statement of personal or family history, and statement offered against a party that wrongfully caused the declarant's unavailability.

    Fed. R. Evid. 804(b)(1)–(6)

  5. 5.Davis v. Washington (2006) — primary purpose test?

    Statements are non-testimonial when the primary purpose of police interrogation is to meet an ongoing emergency; testimonial when it is to establish past events for later prosecution.

    Davis v. Washington, 547 U.S. 813 (2006)