Topic
Hearsay
406 published works
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…
Paul W. Mollica Federal Courts Blog
Eighth Circuit Affirms Assault Conviction Over a Host of Hearsay Objections
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…
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…
PrawfsBlawg
Defending Trump’s lawyers on hearsay (Updated Twice)
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…
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…
NJ Family Legal Blog
Even At a Default Hearing, An Expert Report is Inadmissable Hearsay if the Expert Doesn’t Testify
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…
PrawfsBlawg
Repeating other’s thoughts
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…
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.…
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…
Maine Appeals
Law Court Adopts Integrated Business Records Exception to Hearsay Rule
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…