Hearsay
An out-of-court statement offered only to show its effect on the listener, avoids this exclusion.
What is non-hearsay
An unavailable parent’s statement "Yes, I hit my child. I am allowed to do what I want with my own child.’ can be admitted under this hearsay exception
What is a statement against interest
Counsel attempts to admit a CPS report without first having a custodian or witness explain its creation
What is lack of foundation
A foster parent is asked: ‘Why do you think the father missed visits?’ The foster parent admits they don’t actually know.
What is speculation, lack of personal knowledge
Before the adjudicatory hearing, the parent attorney asks the judge to prohibit DCS from mentioning a decades-old unrelated misdemeanor during testimony. What motion is this
What is motion in limine
A social worker’s notes kept in DCS case files are usually covered by this hearsay exception
What is the business records exception
During preliminary or dispositional hearings (T.R.Juv.P. 15(b), 16(a)), the court often admits this type of hearsay
What is reliable hearsay
The DCS worker says, ‘I printed this from our system,’ but nobody explains who created the report, how it’s maintained, or whether it’s accurate.
What is lack of authentication/foundation
A CASA volunteer testifies: ‘In my opinion, the mother is mentally ill and legally unfit to parent.’
What is improper opinion
The adjudication is tomorrow, but the child’s therapist — a critical witness on trauma and visitation — is unexpectedly hospitalized.
What is a motion to continue
A 6 year old girl tells her doctor that her arm was broken in a fight with her uncle
What is the medical diagnosis/treatment exception
A foster parent’s report quotes the child quoting the parent
What is hearsay within hearsay
In a dependency hearing about educational neglect, the attorney starts asking the parent who they voted for in the last election.
What is relevance
DCS offers evidence that the parent had a shoplifting conviction ten years ago to prove the parent neglected the child.
What is improper character evidence
A witness suddenly blurts out: ‘Everyone in the neighborhood knows the father abuses drugs.’ Counsel immediately asks the court to disregard and remove the statement from consideration.
What is a motion to strike
A parent's death certificate may be admitted into evidence under this exception
What is the public records exception
During a severe abuse adjudication, a pediatrician testifies that the child screamed, ‘Don’t let my mom’s boyfriend take me home — he hurt me last night!’ while the child was actively shaking and crying in the emergency room minutes after removal.
What is excited utterance
On direct examination, counsel asks: ‘And the mother was intoxicated when she arrived, correct?’ Opposing counsel objects. What’s the objection?
What is leading
A school counselor testifies about what a student attendance report says, but the actual report was never brought to court.
What is best evidence rule
At the close of DCS proof in the adjudicatory hearing, the parent attorney argues DCS failed to establish dependency and neglect by a preponderance of the evidence. What motion follows?
What is a Motion for an involuntary dismissal
A 10‑year-old’s statement describing abuse, which is seemingly trustworthy, may be admitted by the judge under this hearsay exception
What is the child‑hearsay exception, Rule 803(25)
At a permanency hearing, DCS offers a handwritten note found in a teenager’s backpack stating: ‘If something happens to me, it was because mom’s boyfriend keeps choking me when she leaves.’ The teen later refuses to testify despite subpoena.
What is then-existing state of mind/emotional condition (Rule 803(3))
An attorney keeps arguing with the witness instead of asking questions: ‘So you expect this court to believe that?’
Argumenative
Counsel asks the same visitation question for the fourth time after the witness already answered clearly.
What is asked and answered
Before the hearing, counsel argues that the child’s forensic interview was conducted using unreliable and highly suggestive questioning techniques, making the resulting expert opinion unreliable. What motion is filed?
Motion to exclude expert testimony