Type
801(d)(1) – Prior
statements
- W is declarant
- W subject to
cross
- W has personal
knowledge
Rule
(A)
801(d)(2) –
Admissions by
opponent
- Must be offered
against your
opponent
(A)
(B)
(B)
(C)
(C)
(D)
(E)
803 – Not
requiring
unavailability of
declarant
- Decl. must be
speaking from
personal
knowledge
- Categorical
exceptions have
circumstantial
guarantees of
trustworthiness
(1)
(2)
(3)
(4)
(5)
(6)
(8)
(7),
(10
(9),
(11)
–
(17)
(22)
804(b) – Requires
unavailability of
declarant
(a) unavailability
- Asserts priv. Refuses to testify
after ordered
- Lack of memory
- Death, illness
- Unable to
procure
(1)
(2)
(3)
(4)
(5)
807
Name
Prior Inconsistent
Statement
Prior Consistent
Statement
Statement of
Identification
Foundation
- prior statement made under oath at trail or similar proceeding
- prior statement inconsistent
- offered to rebut charge of recent fabrication
- made b/f motive to fabricate
- prior statement is one of identification (split whether made
after re-perception
- made after perceived the person (gray area whether applies to
non-person)
Opponent’s statement
- Any statement by any pty in any context
Adoptive Admissions
- Pty heard and understood the statement
- Pty did something to manifest adoption of the statement
(includes words, conduct, or silence)
Authorized admissions - Pty authorized the declarant to make the statement (must be
indep. evid. of EXPLICIT authorization – lawyer, child, ect.)
Admission by agent
- Statement made during agency and concerns matter w/in scope
of agency (but not need specific authority to make statement)
Co-conspirators
- Conspiracy existed b/t pty and declarant
- Statement made during course of, in furtherance of conspiracy
Presence Sense
- Statement describes/explains event or condition
Impression
- Made while perceiving the event/condition (contemporaneity)
Excited Utterance
- Statement relates to startling event/condition
- Made while under stress of startling even/condition
State of Mind
- Expresses declarant state of mind (physical/mental/intent/plan)
ex. “D is vile” = circumstantial proof of declarant’s hate
Medical
- Made for purpose of medical treatment (intent test)
Diagnosis/Treatment
- Describes medical history, symptoms or cause, pain/sensation
Recorded
- Declarant is testifying about a matter can’t remember well
Recollections
-Recorded or adopted recording of statement while fresh in mind
- Testifies to statement accuracy
Business Records
- Record concerns act, event, condition, opinion, diagnosis
- Made at or near time matter occurred by someone w/ biz. duty
to report (contemporaneously transmitted along buz. chain
enough)
- Regular practice of business to keep the record (biz. duty)
Public Records
- Record from public agency concerns:
(A) Activities of that office/agency
(B) Observations reported by public officers under duty to report
- Observations by pros. officer inadmis. against criminal D
(C) Factual finding of authorized invest.
- Inadmiss. against criminal D
Absence of Entry into
- Must show diligent search in type of records that would
Business/Public Rec.
normally contain the entry
- Records of Vital Statistics
- Records of Religious Organization
- Marriage, Baptismal, Similar Certificates
- Family Records
- Records or Recorded Statements Affecting an Interest in Property
- Statements in Ancient Documents
- Market Reports, Commercial Publications
Judgment of Previous
- Criminal conviction or guilty plea to a felony
Conviction
- Offered to prove fact essential to the conviction
Former Testimony
- Testimony given at deposition or similar proceeding
- Opponent was present and had similar motive to cross
Dying Declaration
- Concerns cause/circumstances of what declarant believes is
impending death, made while believe death is impending
Declarations against
- Statement goes against declarant’s pecuniary interest, subjects
interest
to civil/criminal liability, or invalidates a claim held
- In a way a reasonable person wouldn’t normally make the state.
Personal/Family
- Concerns the family history of declarant or someone who
History
declarant is intimately associated with (facts, objective states)
Forfeiture by
- Pty engaged or acquiesced in wrong doing intended to procure
Wrongdoing
the unavailability of the declarant
Residual Exception
- Statement has circumstantial guarantees of trustworthiness
- Offered to prove a material fact
- No other admiss. evid. more probative
- Notice given to opponent