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Hearsay

406 published works

  1. EvidenceProf Blog

    8th Circuit Finds Statements to EMT Admissible Under Federal Rule of Evidence 803(4)

    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; and(B) describes…

  2. Paul W. Mollica Federal Courts Blog

    Eighth Circuit Affirms Assault Conviction Over a Host of Hearsay Objections

    By Paul W. Mollica

    In United States v. Earth, No. 19-1555 (8th Cir. Jan. 11, 2021), the Eighth Circuit upholds a conviction for assault on the Rosebud Indian Reservation, overruling several hearsay objections including…

  3. EvidenceProf Blog

    Court of Appeals of Kentucky Grapples With Former Testimony Hearsay Exception

    By Colin Miller

    Similar to its federal counterpart, Kentucky Rule of Evidence 804(b)(1) provides an exception to the rule against hearsay forTestimony given as a witness at another hearing of the same or…

  4. PrawfsBlawg

    Defending Trump’s lawyers on hearsay (Updated Twice)

    By prawfsblawg@gmail.com

    Main Tuesday, December 01, 2020Defending Trump's lawyers on hearsay (Updated Twice)The Trump Campaign is attempting to appeal an early defeat in Michigan state court. A core piece of evidence was…

  5. EvidenceProf Blog

    Supreme Court of Montana Addresses State of Mind Hearsay Exception

    By Colin Miller

    Similar to its federal counterpart, Montana Rule of Evidence 803(3) provides an exception to the rule against hearsay forA statement of the declarant's then-existing state of mind, emotion, sensation, or…

  6. NJ Family Legal Blog

    Even At a Default Hearing, An Expert Report is Inadmissable Hearsay if the Expert Doesn’t Testify

    By Eric S. Solotoff

    Very often, uncertified expert reports are attached to certifications and courts are asked to accept them though there is no ability to cross examine the expert, etc.  Sometimes, that even…

  7. PrawfsBlawg

    Repeating other’s thoughts

    By prawfsblawg@gmail.com

    Main Wednesday, November 11, 2020Repeating other's thoughtsAs I wrote yesterday, I have not been able to organize my thoughts on everything going on. Fortunately, I agree with everything Benjamin Wittes…

  8. On Point

    Court rejects hearsay, sufficiency claims in ch. 51 appeal

    By Wisconsin State Public Defender

    Waukesha County v. I.R.T., 2020AP996, 11/4/20, District 2 (one-judge decision; ineligible for publication) case activity The county sought to extend I.R.T.’s commitment but could not be located for a time.…

  9. EvidenceProf Blog

    Supreme Court of New Mexico Lays Out Four Factor Test for Forfeiture by Wrongdoing

    By Colin Miller

    Similar to Federal Rule of Evidence 804(b)(6), New Mexico Rule of Evidence 11-804(B)(5) provides an exception to the rule against hearsay forA statement offered against a party that wrongfully caused--or…

  10. Maine Appeals

    Law Court Adopts Integrated Business Records Exception to Hearsay Rule

    By Sara A. Murphy

    Late last week, the Law Court unequivocally adopted the integrated business records exception to the hearsay rule under Rule 803(6) of the Maine Rules of Evidence in The Bank of…