Is It Hearsay?
A witness testifies: “The light was green — I heard the driver say, ‘Wow, still green!’” Offered to prove the light was green.
What is hearsay? (Out-of-court statement offered to prove the truth.)
A defendant’s text: “Yeah, I crashed the car, sorry.” Offered by prosecution.
What is a party-opponent admission? (801(d)(2))
“He’s going 95 mph and swerving!” made while watching a car speed past.
Present Sense Impression
Declarant refuses to testify even after a court order.
What is unavailability? (804(a))
“I accept” in a contract dispute. The statement has legal effect simply by being said.
Verbal Act (Independent Legal Significance)
A witness says: “The store clerk shouted, ‘Get out, we're closing!’” Offered to show why the listener left.
What is non-hearsay? (“Effect on the listener.”)
Witness testifies that earlier, they identified the defendant in a lineup.
What is a prior identification? (801(d)(1)(C))
“He's got a gun!!” screamed during a robbery.
Excited Utterance
Testimony from a prior trial offered again because the witness moved overseas and cannot be subpoenaed.
Former Testimony (804(b)(1))
A witness wants to introduce prior consistent statement to refute claims they were lying or recently fabricated story.
Prior Consistent Statement (801(d)(1)(B))
A witness says the victim wrote a note: “I fear my neighbor is going to kill me,” offered to show fear.
What is non-hearsay? (Circumstantial evidence of state of mind, not truth.)
A witness testifies that in a deposition under oath last year, they said the opposite of today’s testimony.
What is a prior inconsistent statement given under oath? (801(d)(1)(A))
“My stomach hurts, and the pain goes down my left side,” said to a paramedic.
Statement for Medical Diagnosis/Treatment
Declarant says: “I stole the diamonds. I hid them under my bed.” Declarant unavailable.
Statement Against Interest (804(b)(3))
Offered NOT for truth but because the listener reacted to it.
Effect on Listener
A witness testifies: The defendant nodded yes when asked, “Did you steal the money?”
What is hearsay? (Nonverbal conduct intended as an assertion = statement.)
A party remains silent when accused of fraud in a meeting where they reasonably should respond.
What is an adoptive admission? (801(d)(2)(B))
Hospital keeps records of patient visits, diagnoses, and treatment. Offered in court.
Business Records Exception
A victim, as they are bleeding out: “It was John… he stabbed me.”
Dying Declaration (804(b)(2))
Detective testifies that two co-conspirators texted each other planning the robbery.
Co-conspirator admission (801(d)(2)(E))
Police testify they received a tip: “The suspect hides drugs in his chimney.” Offered ONLY to explain why police searched the chimney.
What is non-hearsay? (Offered to show effect on listener / why police acted, not for truth.)
A statement by an employee: “My boss told me to dump the chemicals today,” offered against the company.
What is an agent/employee admission? (801(d)(2)(D))
A patient tells their therapist: “I intend to confront my husband tonight.”
Statement of Then-Existing State of Mind / Intent (803(3))
A dying declaration contained in a hospital report. Each must fit an exception.
What is multiple/double hearsay? (Each layer must fall within an exception.)
A witness reads a note to prove only that the declarant was confused, not that the note’s content was true.
Circumstantial evidence of state of mind