| objection | citation |
|---|
| hearsay exception, declarant available as witness - records of regularly conducted activity | |
| all relevant evidence is admissible, except as otherwise provided by the US constitution. Evidence which is not relevant is not admissible. | |
| LACK OF PERSONAL KNOWLEDGE | |
| hearsay exception, declarant available as witness - public records and reports | |
| definition of relevant evidence | |
| hearsay within hearsay not excluded if each part of statement conforms with an exception to the hearsay rule ( | |
| Hearsay: a statement, other than one made by the declarant while testifying at the trial/hearing, offered in evidence to prove the truth of the matter asserted. | |
| OPINION TESTIMONY BY LAY WITNESSES | |
| TESTIMONY BY EXPERTS | |
| HEARSAY RULE | |
| At the request of a party the court shall order witnesses constructively excluded so that they cannot hear the testimony of other witnesses. | |
| Declarant. - a person who makes a statement | |
| prior statement by witness. (not hearsay) | |
| | objection | citation |
|---|
| hearsay exception, declarant available as witness - statement for purposes of medical diagnosis or treatment | |
| BASES OF OPINION TESTIMONY BY EXPERTS | |
| admission by party-opponent (not hearsay) | |
| EXCLUSION OF RELEVANT EVIDENCE ON GROUNDS OF PREJUDICE, CONFUSION, OR WASTE OF TIME | |
| OPINION ON ULTIMATE ISSUE | |
| hearsay exception, declarant available as witness -excited utterance | |
| hearsay exception, declarant available as witness - then existing mental, emotional or physical condition | |
| DISCLOSURE OF FACTS OR DATA UNDERLYING EXPERT OPINION: expert may testify in terms of opinion or inference and give reasons without first testifying to the underlying facts or data | |
| hearsay exceptions if declarant is unavailable | |
| A “statement” is (1) an oral or written assertion or (2) nonverbal conduct of a person, if it is intended by the person as an assertion. | |
| hearsay exception, declarant available as witness - present sense impression | |
| telephone conversations admissible if person answering is shown to be the one called, or if the call relates to business reasonably transacted over the phone | |
| hearsay exception, declarant available as witness - learned treatises | |
|
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