In the case of Hayden Brooks v. Cahill Monitor, a defense witness testifies to a statement that Hayden Brooks made.
What is 801.d.2, Admission by Party Opponent?
The definition of hearsay.
What is an out of court statement used for the truth of the matter asserted?
A autopsy report created by a medical examiner.
What is 803.6, records of regularly conducted business activity?
A statement describing a person's injury while they were being treated.
What is 803.4, statements made for diagnosis or treatment?
The declarant has amnesia.
What is 804.a.3, testifies to not remembering the subject matter?
You are impeaching a witness using their affidavit.
What is 801.d.1.a, inconsistent with the declarants testimony and given under penalty of perjury?
A witness testifies that after being told that their dog died, they drove home immediately to check.
What is a Subsequent Action?
A witness testifies that they were on the phone when the person they were speaking to said "My kids just got home, I'll have to call you back"
What is 803.1, present sense impression?
A piece of literature about proper sewing procedure, used on the direct examination of a expert seamstress.
What is 803.18.a, a learned treatise?
The declarant refuses to testify, despite court order.
What is 804.a.2, refusal to testify?
In the case of the State of Minnesota v. Ellis Strobel, one of the State's witnesses testifies to a statement made by one of Strobel's employees while at work.
What is 801.d.2.d, a statement made by the party's agent in the course of employment?
A witness testifies that after being told that their dog died, they were upset and angry.
What is Effect on the Listener?
A witness testifies that they heard someone yell "Oh god run! There's a bear over here!"
What is 803.2, excited utterance?
What is 803.8, public records?
The declarant (unavailable under some criteria) confesses to a crime.
What is 804.b.3, statement against interest?
One of the defense's witnesses testifies that they made a statement recognizing the defendant, who they had previously met.
What is 801.d.1.c, a statement identifying a person as someone the declarant had perceived earlier?
A witness testifies that another witness started yelling at them for killing their dog.
What is mindset? (The declarant believed that the witness killed their dog)
A witness testifies that they heard someone say "I'm going to kill Ellis Strobel"
What is 803.3, then existing mental condition/motive?
A statement about how a person is regarded as mean.
What is 803.21, statement concerning character?
The declarant (dead) was on his death bed, struggling to breathe.
What is 804.b.2, statement under belief of impending death? Bonus for 804.a.4.
Your witness testifies to claiming something for three years. Opposing counsel has claimed that they recently made this up.
What is 801.d.1.b.i, a statement rebutting a charge that the declarant recently fabricated the claim?
A plaintiff witness in a defamation case testifies to statements contained in the defamatory article. (One of the elements of defamation is that the article is false.)
What are statements not used for the truth of the matter asserted?
A witness is reading an article written by Ellis Strobel, including quotes by Alex Budnick.
What is 805, hearsay within hearsay?
A letter written in 1997.
What is 803.16, statements in ancient documents?
A witness testifies that Payton Knox (unavailable by some criteria) said he was married on July 4th, 2020.
What is 804.b.4, statement of personal history?