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  2. Hearsay - Wikipedia

    en.wikipedia.org/wiki/Hearsay

    "Hearsay is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted." [1] Per Federal Rule of Evidence 801(d)(2)(a), a statement made by a defendant is admissible as evidence only if it is inculpatory; exculpatory statements made to an investigator are hearsay and therefore may not be admitted as ...

  3. Prior consistent statements and prior inconsistent statements

    en.wikipedia.org/wiki/Prior_consistent...

    A prior consistent statement is not a hearsay exception; the FRE specifically define it as non-hearsay. A prior consistent statement is admissible: to rebut an express or implied charge that the declarant recently fabricated a statement, for instance, during her testimony at trial; the witness testifies at the present trial; and

  4. Declaration against interest - Wikipedia

    en.wikipedia.org/wiki/Declaration_against_interest

    In United States law, a declaration (or statement) against interest is an exception to the rule on hearsay in which a person's statement may be used, where generally the content of the statement is so prejudicial to the person making it that they would not have made the statement unless they believed the statement was true. For example, if a ...

  5. Party admission - Wikipedia

    en.wikipedia.org/wiki/Party_admission

    The rationale for a party admission exception to hearsay exclusion can be mostly easily understood by reference to the rationale for the hearsay rule itself. Affidavit evidence consisting of out-of-court statements is not subject to cross-examination. Affidavit evidence is thought to detract from the truth-finding mission of a trial.

  6. Hearsay in United States law - Wikipedia

    en.wikipedia.org/wiki/Hearsay_in_United_States_law

    Hearsay is testimony from a witness under oath who is reciting an out-of-court statement that is being offered to prove the truth of the matter asserted. The Federal Rules of Evidence prohibit introducing hearsay statements during applicable federal court proceedings, unless one of nearly thirty exemptions or exceptions applies. [1]

  7. Federal Rules of Evidence - Wikipedia

    en.wikipedia.org/wiki/Federal_Rules_of_Evidence

    The Federal Rules of Evidence settled on one of these four definitions and then fixed the various exceptions and exemptions in relation to the preferred definition of hearsay. On the other hand, the law of privileges remains a creature of federal common law under the Rules, rather than the subject of judicial interpretation of the text of the rule.

  8. Outcry witness - Wikipedia

    en.wikipedia.org/wiki/Outcry_witness

    For example, in the 1997 Illinois case People vs Holloway, the defendant took the case to appeal on the basis that one of the witnesses to appear at the trial was a hearsay witness: the witness was not present for the incident and neither directly saw or heard the incident. However, the Illinois Supreme Court ruled that a 1982 Outcry law ...

  9. Recorded recollection - Wikipedia

    en.wikipedia.org/wiki/Recorded_recollection

    A recorded recollection (sometimes referred to as a prior recollection recorded), in the law of evidence, is an exception to the hearsay rule which allows witnesses to testify to the accuracy of a recording or documentation of their own out-of-court statement based on their recollection of the circumstances under which the statement was recorded or documented – even though the witness does ...