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The basis for this hearsay exception is the belief that a statement made under the stress is likely to be trustworthy and unlikely to be a premeditated falsehood. Compared to present sense impression, excited utterance is broader in scope for permitting a longer time lapse between event and statement, and a wider range of content in the statement.
The American formulation of "excited utterances" is broadly akin to the English category of "emotionally overpowering". [ 7 ] When considering whether to admit hearsay evidence through the res gestae , case law strongly advises judges to consider whether "the possibility of concoction or distortion [can] be disregarded".
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
This statement would be hearsay. Unless the attorney can show that this statement falls within an exception to the hearsay rule, the factfinder (the judge or jury) may not consider Monica's statement (this particular statement, however, would likely be admissible because of the "excited utterance" and "present sense impression" exceptions).
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 ...
"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 ...
Have the judge take judicial notice of the text, if it is sufficiently notable that the average person would know that it is an authority (for example, Gray's Anatomy [1] [2]). Under the Federal Rules of Evidence 803 (18), either party can introduce a learned treatise as evidence, irrespective of whether it is being used to rebut the opposing ...
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 ...