HEARSAY TEMPLATE
RELEVANCE. FRE 401.
(1) TENDENCY to make a fact more or less likely to be true.
(2) And, the fact is of CONSEQUENCE in the action.
HEARSAY. FRE 401.
(1) Out of court statement.
(2) Offered for the truth of the matter asserted.
Statements Not Hearsay.
(1) Declarant’-Witness’s Prior Statement. (2) Statement of Opposing Party.
FRE 803 Exceptions. Presence of Declarant Immaterial.
(1) Present Sense Impression. (2) Excited Utterance. (3) Then Existing Mental, Physical or
Emotional State. (4) Statement Made for Medical Diagnosis or Treatment. (5) Recorded
Recollection. (6) Business Records. (7) Absence of Business Records. (8) Public Records.
FRE 804 Exceptions. Declarant Unavailable.
(1) Former Testimony. (2) Dying Declaration. (3) Statement Against Interest. (4) Statement of
Personal or Family History. (6) Statement Offered Against Party that Wrongfully Caused
Declarant’s Unavailability.
CONFRONTATION CLAUSE.
Testimonial Evidence.
PREJUDICIAL V. PROBATIVE. FRE 403 Balancing Test.
If Prejudicial value of evidence SUBSTANTIALLY OUTWEIGHS the Probative value of the evidence,
then otherwise relevant testimony may be excluded.