Topic
Hearsay
405 published works
Commercial Case Notes
75-Year Old Memo Admitted Under Ancient Documents Exception
By John Lundin
On November 24, 2025, Justice Cohen of the New York County Commercial Division issued a decision in Greason v. Nahmad, 2025 NY Slip Op. 34558(U), holding that a 75-year old…
FCPA Professor
Checking In On The Rovirosa Case
By Mike Koehler
Trial was supposed to begin today in U.S. v. Rovirosa (see prior posts here, here, here, here and here). Instead, last week Judge Kenneth Hoyt (S.D. Tex) set a status…
EvidenceProf Blog
Eighth Circuit Concludes Co-Defendant’s Admission Was Inadmissible in Felon-in-Possession Case
By Colin Miller
Federal Rule of Evidence 804(b)(3) provides an exception to the rule against hearsay forA statement that:(A) a reasonable person in the declarant’s position would have made only if the person…
EvidenceProf Blog
Tenth Circuit Finds Harmless Error in Trial Court’s Refusal to Give Limiting Instruction Regarding 1+ Hour Recording in Which Brother Said Defendant Was Guilty
By Colin Miller
Prior inconsistent statements made subject to the penalty of perjury are nonhearsay and admissible both to impeach and prove the truth of the matter asserted under Federal Rule of Evidence…
School Law
CAS Legal Mailbag – 6/12/25
Originally appeared in the CAS Weekly Newsletter Dear Legal Mailbag: It was a long school year, and I breathe a sigh of relief that the summer break is here. However, the challenges…
EvidenceProf Blog
Colorado Court of Appeals Finds Testimony From Civil Trial Was Admissible at Criminal Trial Under “Former Testimony” Hearsay Exception
By Colin Miller
Similar to its federal counterpart, Colorado Rule of Evidence 804(b)(1) provides an exception to the rule against hearsay for Testimony given as a witness at another hearing of the same or…
EvidenceProf Blog
My Law Professor Amici Curiae Brief Asks the Supreme Court to Make it Tougher For Prosecutors to Introduce Evidence With an Accusatory Component
By Colin Miller
With J. Remy Green, I have filed a law professor amici curiae brief with the United States Supreme Court, asking it to make it tougher for prosecutors to introduce evidence with…
Commercial Case Notes
Affidavit Describing the Contents of Business Records But Not Attaching Them Inadmissible Hearsay
By John Lundin
On February 13, 2025, the Second Department issued a decision in U.S. Bank N.A. v. Petrez, 2025 NY Slip Op. 00896, holding that an affidavit describing the contents of business…
EvidenceProf Blog
Eighth Circuit Punts on Question of Whether Statements to a Chemical Dependency Counselor Satisfy Hearsay Exception
By Colin Miller
Federal Rule of Evidence 803(4) provides an exception to the rule against hearsay forA statement that:(A) is made for — and is reasonably pertinent to — medical diagnosis or treatment;…
EvidenceProf Blog
My Public Comment in Strong Opposition to the Proposed Amendment to the Prior Inconsistent Statement Hearsay Exclusion
By Colin Miller
The Judicial Conference Committee on Rules of Practice and Procedure has proposed an amendment to Federal Rule of Evidence 801(d)(1)(A). Pursuant to this proposed amendment, the hearsay exclusion for prior…