Is It Hearsay?
In a breach-of-contract case, Plaintiff testifies that Defendant said, “I accept your offer.” Plaintiff offers the statement to prove a contract was formed. Is this hearsay?
No. The statement is not hearsay because it is a verbal act or legally operative statement. The words themselves have legal significance because they show acceptance.
A witness testifies that immediately after seeing a car crash, Bystander said, “The blue car just ran the red light!” Bystander is available but not called. Is the statement admissible as a hearsay exception?
Yes, likely as a present sense impression if the statement described or explained the event as it was happening or immediately afterward. The declarant may be available or unavailable
In a negligence case, Plaintiff wants to prove Defendant was careless by introducing evidence that Defendant is generally a careless person. Is this admissible?
No. Character evidence is generally inadmissible to prove conduct in conformity with character on a particular occasion.
What are the MIMIC purposes for which prior bad acts may be admissible?
Prior bad acts may be admissible to prove motive, intent, absence of mistake, identity, or common scheme or plan.
A declarant says, “My leg hurts,” while waiting for an ambulance. Hearsay exception?
Then-existing physical condition.
In a negligence case, Plaintiff offers evidence that a customer yelled, “There’s water on the floor!” right before Defendant’s employee walked past the spill. Plaintiff offers the statement to show the employee had notice of the spill. Is this hearsay?
No. The statement is offered for its effect on the listener, not to prove that there actually was water on the floor. It is relevant because it tends to show notice.
A witness testifies that moments after a shooting, Victim screamed, “Defendant shot me!” Victim survived but is not called at trial. Is the statement potentially admissible?
Yes, likely as an excited utterance if there was a startling event, the statement was made while under the stress of excitement, and it related to the event. The declarant may be available or unavailable.
In a civil negligent-hiring case, Plaintiff wants to introduce evidence of Employee’s violent character to show Employer negligently hired Employee. Is character evidence allowed?
Yes. In civil cases, character evidence may be admissible when character is directly at issue, including negligent hiring or negligent entrustment.
Defendant is charged with arson. The prosecution offers evidence that Defendant previously burned down another building using the same unusual method. The prosecution offers it to show identity. Is this character evidence barred by the propensity rule?
Not necessarily. If offered to show identity through a distinctive method, it may be admissible under MIMIC, not to prove propensity.
A declarant tells a doctor, “I was hit by a car, and my back hurts,” to get treatment. Hearsay exception?
Statement made for medical diagnosis or treatment.
In a murder trial, Defendant offers Victim’s statement from the day before the killing: “I’m going to meet Defendant at the park tomorrow.” Defendant offers it to show Victim’s plan to go to the park. Is this hearsay, and is it admissible?
It is hearsay if offered for the truth of Victim’s intent, but it may be admissible under the then-existing state of mind exception because it shows Victim’s then-existing intent or plan.
A witness cannot remember the details of an accident at trial. She wrote a detailed memo the same day as the accident, had personal knowledge at the time, and can testify that the memo was accurate when made. How can the memo be used?
It may be admitted as a recorded recollection because the witness has insufficient recollection, once had personal knowledge, made or adopted the record while the event was fresh, and can vouch for its accuracy when made.
Defendant is charged with assault. Defendant offers testimony from a neighbor that Defendant is a peaceful person. May Defendant do this, and in what form?
Yes. A criminal defendant may open the door by offering evidence of their own good character through reputation or opinion evidence.
Defendant is charged with knowingly possessing stolen goods. Defendant claims he thought the goods were legitimate. The prosecution offers evidence that Defendant previously bought stolen goods from the same seller. Is this admissible?
Likely yes. It is not being offered merely to show bad character; it is offered to prove knowledge, intent, or absence of mistake.
A declarant says, “I plan to drive to Chicago tomorrow.” Offered to show she later drove to Chicago. Hearsay exception?
Then-existing state of mind or intent.
In a personal-injury case, Plaintiff offers a text from Defendant saying, “I knew the ladder was broken, but I used it anyway.” Defendant objects that the text is hearsay. Is it admissible?
Yes. It is an opposing party’s statement offered against Defendant. Opposing party statements are classified as nonhearsay.
Plaintiff wants to introduce a company maintenance log showing that an elevator malfunctioned 10 times before Plaintiff’s accident. The log was made routinely by employees at or near the time of each malfunction. Is it admissible over hearsay objection?
Likely yes under the business records exception, because it was made in the regular course of business, at or about the time of the event, and contains information observed by employees of the business.
Defendant is charged with murder and claims self-defense. Defendant wants to offer testimony that Victim had a reputation for violence. Is this admissible?
Yes. In a criminal self-defense case, Defendant may offer evidence of Victim’s violent character through reputation or opinion evidence.
Defendant is charged with robbing a bank while wearing a clown mask and leaving a playing card at the scene. The prosecution offers evidence that Defendant committed two prior robberies using the same unusual method. Is this admissible?
Likely yes to prove identity or common scheme or plan, because the unusual method connects Defendant to the charged crime.
A company report was prepared after litigation was threatened, mainly for the company’s lawyer. Hearsay exception?
Probably not business records if prepared for litigation rather than regular business purposes. It may also raise work-product issues in civil procedure.
In a criminal case, a witness refuses to testify. The prosecution wants to introduce the witness’s testimonial statement to police. The witness is unavailable, and Defendant never had a chance to cross-examine the witness. The prosecution argues the statement fits a hearsay exception. Is it admissible?
No. In a criminal case, if the statement is testimonial, the declarant is unavailable, and Defendant had no prior opportunity to cross-examine, the Confrontation Clause generally bars admission even if a hearsay exception might otherwise apply.
Victim, believing death was imminent after being stabbed, says, “Defendant stabbed me because I refused to pay him.” Victim later dies. The prosecution offers the statement in Defendant’s murder trial. Is it admissible, and what must be shown?
Yes, likely under the dying declaration exception. The declarant must be unavailable, the statement must have been made while believing death was impending, it must concern the cause or circumstances of death, and it must be used in a homicide or civil case.
Defendant is charged with battery and offers evidence that he is peaceful. The prosecution wants to respond with evidence that Defendant once punched someone in a bar fight. Can the prosecution introduce that specific act to prove Defendant’s violent character?
Generally, no as direct character evidence. Once Defendant opens the door, the prosecution may rebut with reputation or opinion evidence. Specific acts may be used in limited ways, such as on cross-examination depending on the rule being tested, but not generally as extrinsic evidence just to prove violent character.
In a civil fraud case, Plaintiff offers evidence that Defendant used the exact same false invoice scheme against three other customers. Defendant objects that prior bad acts are inadmissible character evidence. Should the evidence be excluded?
Not automatically. MIMIC can apply in both criminal and civil cases. If the prior acts are offered to show intent, absence of mistake, or common scheme, they may be admissible subject to Rule 403 balancing.
A witness testifies, “I heard Defendant say, ‘That’s my knife.’” The prosecution offers it against Defendant. Hearsay problem?
No. It is an opposing party’s statement offered against Defendant.