Topic
Hearsay
406 published works
EvidenceProf Blog
The Admissibility of Statements Made to Doctors Consulted For the Purpose of Enabling Him/Her to Testify
By Colin Miller
Federal Rule of Evidence 803(4) provides an exception the rule against hearsay forA statement that:(A) is made for — and is reasonably pertinent to — medical diagnosis or treatment; and(B) describes medical…
Product Perspective: Complex Tort & Product Law
Toxic Tort Monitor: Affidavits of Deceased Plaintiff Admitted Under Residual Exception to Hearsay
By Jennifer Cecil, Madeline Quoss
In July, a Delaware Superior Court judge ordered affidavits of a deceased plaintiff admitted under the residual exception to hearsay, finding that the affidavits were sufficiently trustworthy for purposes of…
Paul W. Mollica Federal Courts Blog
State Department Cables Ruled Inadmissible Under Public-Records Exception, Fed. R. Evid. 803(8), by Eleventh Circuit
Creating a possible circuit split, the Eleventh Circuit holds in Eloy Rojas Mamani v. Gonzalo Daniel Sanchez De Lozada Sanchez Bustamante, No. 18-12728 (11th Cir. Aug. 8, 2020), that State…
Berk Law Group Blog
Computer Generated Statements and the Hearsay Rules
By Kent Berk
Hearsay Rule Defined Under Arizona Rules of Evidence 801 and 802, hearsay is inadmissible unless an exception applies. Rule 801(c) defines hearsay as a statement that: (1) the declarant does…
EvidenceProf Blog
New Jersey Allows Statements Against Interest Even if the Declarant is Available
By Colin Miller
Federal Rule of Evidence 804(b)(3) provides an exception to the rule against hearsay for A statement that:(A) a reasonable person in the declarant’s position would have made only if the person believed…
@theBar
Differences between the Federal and Illinois Rules of Evidence: Highlights for Medical Malpractice Cases
Post Authored by Alexandra M. Verven One hearsay issue that arises in medical malpractice claims involves statements made to practitioners, can be admissible both under the federal and Illinois Rules…
EvidenceProf Blog
The Third of Kentucky’s Three Privity-Based Hearsay Exclusions
By Colin Miller
Kentucky Rule of Evidence 801A(c)(3) reads as follows:(c) Admission by privity:...(3) Predecessors in litigation. Even though the declarant is available as a witness, when the liability, obligation, or duty of a…
EvidenceProf Blog
The Second of Kentucky’s Three Privity-Based Hearsay Exclusions
By Colin Miller
Kentucky Rule of Evidence 801A(c)(2) reads as follows:(c) Admission by privity:...(2) Predecessors in interest. Even though the declarant is available as a witness, when a right, title, or interest in any…
EvidenceProf Blog
Tenth Circuit Finds Alleged Co-Conspirator’s Suicide Note Taking Sole Responsibility Inadmissible in Embezzlement Trial
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 believed…
EvidenceProf Blog
A Post on the Oral Arguments in the Joey Watkins Case
By Colin Miller
Today, there were oral arguments in the Supreme Court of Georgia in the Joey Watkins case, which we covered in Season 2 of the Undisclosed Podcast. So, what happened at…