Rule Definition | |
A 'statement' is an oral or written assertion or nonverbal conduct of a person, if it is intended by the person as an assertion | |
A 'declarant' is a person who makes a statement | |
'Hearsay' is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted | |
Then existing mental, emotional, or physical condition | |
Records of vital statistics | |
A statement is not hearsay if it is offered against a party and is a statement by the party's agent or servant concerning a matter within the scope of the agency or employment, mad | |
A statement is not hearsay if the declarant testifies at teh trial or hearing and is subject to cross-examination concerning the statement, and the statement is inconsistent with t | |
Family records | |
Excited utterance | |
Absence of public record or entry | |
Reputation as to character | |
'Unavailability as a witness' includes situations in which the declarant is unable to be present or to testify at the hearing because of death or then existing physical or mental i | |
Hearsay within hearsay | |
Judgment of previous conviction | |
Marriage, baptismal, and similar certificates | |
'Unavailability as a witness' includes situations in which the declarant persists in refusing to testify concerning teh subject matter of the declarant's statement despite an order | |
A statement is not hearsay if the declarant testifies at the trial or hearing and is subject to cross-examination concerning the statement, and the statement is one of identificati | |
Records of religious organizations | |
Attacking and supporting credibility of declarant | |
This is not excluded by the hearsay rule if the declarant is unavailable as a witness: forfeiture by wrongdoing | |
Reputation concerning boundaries or general history | |
Statements for purposes of medical diagnosis or treatment | |
Records of documents affecting an interest in property | |
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