Definitions
An oral, written, or nonverbal conduct of a person intended as an assertion
What is a statement?
In the Nat Hart Vs. the United States case, a prosecuting lawyer could offer this defense again any objection to a witness's testimony about an out of court statement by the defendant, Nat Hart.
What is a statement by a party opponent?
The statement in the following sequence would be deemed not to be hearsay for this reason;
Attorney: And after you walked in and saw him standing over the body with a gun in his hand, what happened next?
Witness: He yelled “it was self defense!”
What is an excited utterance (spontaneous exclamation)?
What exception to the Hearsay rule applies to the following scenario:
Burt is unavailable, and Officer Tom testifies:
Officer Tom: Burt said "I was going 30 over the speed limit in a construction zone!"
What is a Statement so much against pecuniary interest that a reasonable person would not have said it unless it is true
Witness: Tristan said that Ronny stole that money.
What is HEARSAY?
A person who makes a statement
What is a declarant?
This is the response the directing attorney could offer to the objection at the end of the following trial sequence:
Directing Attorney: And what, if anything, led you to believe that Steve thought there was no school that day?"
Witness: I heard Mike tell Steve that "we don't have school tomorrow"
Crossing Attorney: Objection!
What is, this testimony is offered to prove that Steve had knowledge of the contents of the statement (namely that there would not be school tomorrow) NOT to the truth of the matter asserted (namely whether or not there actually was school that next day)?
The statement in the following sequence would be deemed not to be hearsay by rule for this reason.
Attorney: What did Ms. Chervy say as the car drove past?
Witness: She said “wow, he must be going 60 miles per hour!”
What is present sense impression?
What exception to the Hearsay rule applies to the following scenario:
Walter is unavailable to testify and a lawyer on the stand as a witness declares:
Mr. Lawyer: During the deposition, Walter told me that he was driving a Ford Focus
What is, Former testimony (not in current trial; most often associated with the sworn testimony of an affidavit)
Witness: Then Fred said to Danny, "Ouch! You cut my hand!"
What is NOT HEARSAY? (excited utterance)
An out of court statement offered to prove the truth of the matter asserted
What is hearsay?
This is the response the directing attorney could offer to the objection at the end of the following trial sequence:
Witness: Then the officer said, “you are under arrest.”
Crossing Attorney: Objection! Hearsay!
What is, "your honor, this statement constitutes a Verbal Act that is at issue?"
The statement in the following sequence would be deemed not to be hearsay for this reason:
Witness: They told me that Humansky was known around town as a a drug dealer.
What is reputation as to the character?
What exception to the Hearsay rule applies to the following scenario:
Murray is dead.
Lawyer: And after you found Murray shot, lying in a pool of his own blood, what happened next?
Officer Kruppkey: Murray said "It was Ian, he shot me."
What is, statement under belief of impending death (as to the circumstances of that impeding death)
Witness: He texted me that he was leaving school
HEARSAY (statements INCLUDE written statements)
Any witness testimony, along with anything entered into evidence is officially on this (unless stricken).
What is the record?
If it a witness testified "Then Bob said 'the caterpillars are made of magic!' this defense could be offered by the directing attorney.
What is, your honor, this statement is not offered for the truth of the matter asserted, but rather as circumstantial evidence of Bob's state of mind?
The statement in the following sequence would be deemed not to be hearsay for this reason:
Attorney: What did happened next?
Witness: Tommy said he had a terrible stomach ache.
What is a then existing mental, emotional, or physical "condition."
What exception to the Hearsay rule applies to the following scenario:
Christian is not available for testimony.
Attorney: And then what happened?
Witness: Christian told me his dad was Whitey Bulger
What is, statement of personal or family history
Lawyer: And after you agreed to help her break into the bank, what happened next?
Witness: She said the plan was to enter through the air vents to get into the vault with all the money.
What is NOT HEARSAY? (Co-conspirator statements)
An out of court statement is NOT considered hearsay unless it is offered to prove this.
What is the truth of the matter asserted?
This would be a reason to deem the out of court statement in the following sequence to not be hearsay:
Crossing Attorney: But in your affidavit, you stated that you saw the gun in her car, didn't you?
Directing attorney: Objection, hearsay!
What is prior statement by a witness under oath?
The statement in the following sequence would be deemed not to be hearsay for this reason:
Attorney: And after you gathered a the secret location, what happened next?
Witness: He told me that if I killed Dylan, he would pay me $30,000
What is statement by a co-conspirator?
What exception to the Hearsay rule applies to the following scenario:
Jack is dead.
Attorney: As Jack lay on his deathbed, what if anything did he say?
Witness: He said he wanted his daughter to have the house
What is a declaration of a deceased person made in good faith and upon personal knowledge of the declarant
Attorney: What if anything did the doctor say?
Witness: He said I needed a kidney transplant.
What is NOT HEARSAY (statements for purpose of medical diagnosis or treatment)