Topic
Hearsay
405 published works
EvidenceProf Blog
Assessing the Amendment to the Rule of Evidence Covering Prior Party Statements
By Colin Miller
Federal Rule of Evidence 801(d)(2) used to provide thatA statement that meets the following conditions is not hearsay:(2) An Opposing Party’s Statement. The statement is offered against an opposing party…
EvidenceProf Blog
Are Google Translate Translations Inadmissible Hearsay?
By Colin Miller
According to an article in the Ireland Independent,A District Court judge has warned that evidence obtained from a defendant by using Google Translate is ‘hearsay’ which could be challenged in…
LL. B Mania
Dying Declaration: Provision, Procedures and Admissibility
By LL.B Mania
By Priya Dutt [1st Year Student at CNLU Patna (2029 Batch)] What is a “dying declaration”? A dying declaration is a statement made by the person related to his death…
EvidenceProf Blog
Ninth Circuit Finds Feigned Memory Loss Can Trigger Hearsay Exclusion for Prior Inconsistent Statements
By Colin Miller
Federal Rule of Evidence 801(d)(1)(A) provides an exclusion to the rule against hearsay for:A statement that meets the following conditions is not hearsay:(1) A Declarant-Witness’s Prior Statement. The declarant testifies…
Philadelphia Criminal Defense Blog
PA Supreme Court: After Samia, Commonwealth Still May Not Use Non-Testifying Co-Defendant’s Confession Against Defendant Where Confession Obviously Implicates Defendant Contextually
Criminal Defense Attorney Zak T. Goldstein, Esquire The Pennsylvania Supreme Court has decided the case of Commonwealth v. Jones, holding that even despite the United States Supreme Court’s limiting of…
EvidenceProf Blog
Ninth Circuit Finds District Court Erred in Excluding Statement That Should Have Been Admissible Under Rule 803(3)
By Colin Miller
Federal Rule of Evidence 803(3) provides an exception to the rule against hearsay forA statement of the declarant’s then-existing state of mind (such as motive, intent, or plan) or emotional,…
Family Law Headquarters
What is hearsay in divorce and family law matters?
Hearsay is an important legal concept that lawyers learn in law school. Under Federal Rule of Evidence 801, hearsay is an... The post What is hearsay in divorce and family law…
EvidenceProf Blog
Eighth Circuit Addresses the Scope of the 2014 Amendment to the Prior Consistent Statement Hearsay Exclusion
By Colin Miller
Federal Rule of Evidence 801(d)(1)(B) provides an exclusion to the rule against hearsay ifThe declarant testifies and is subject to cross-examination about a prior statement, and the statement:...(B) is consistent…
Philadelphia Criminal Defense Blog
PA Superior Court: Tender Years Exception Does Not Necessarily Apply to Hearsay-Within-Hearsay
Philadelphia Criminal Defense Attorney Zak T. Goldstein, Esquire The Pennsylvania Superior Court has decided the case of Commonwealth v. Copenahver, holding that the trial court improperly admitted video statements given…
Philadelphia Criminal Defense Blog
PA Supreme Court: Commonwealth May Not Use Hearsay Alone to Prove Identity of Perpetrator at Preliminary Hearing
Philadelphia Criminal Defense Attorney Zak T. Goldstein, Esq. The Pennsylvania Supreme Court has decided the case of Commonwealth v. Harris, holding that the Commonwealth may not meet its burden of…