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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]
This decision was quite novel, for there was very little authority for the proposition that statements of intention qualified as an exception to the hearsay rule. [41] Most hearsay exceptions (then and now) rest on the belief that certain kinds of statements are unlikely to be false even if made without benefit of oath and cross-examination. [42]
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.
Such texts are now considered an exception to hearsay, with two limitations: [3] For the learned treatise to be introduced, there must be an expert witness on the stand; Like a recorded recollection, the actual learned treatise does not go to the jury, but instead comes into evidence only by being read to the jury.
"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 ...
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 ...
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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 ...