Logo

What are the California-specific hearsay exceptions requiring unavailability of the witness?

Bar Exam Prep Federal Evidence Hearsay What are the California-specific hearsay exceptions requiring unavailability of the witness?
🔍 Federal Evidence • Hearsay EVID#019

Legal Definition

(1) Past Physical Condition or State of Mind (when at issue)
(2) Statement Describing Infliction or Threat of Physical Injury (the "OJ Exception")

Plain English Explanation

We will be covering each of these exceptions in their own cards, but put simply, in California, there are two special rules for when a witness can't come to court to testify, but their statement can still be used. First, if someone previously talked about their physical health or mental state and this information is important for the case, their statement can be used. Second, if someone had once described being hurt or threatened, and this is important for understanding what happened in a case, their statement can also be used in court.

The term "OJ Exception" for the hearsay exception regarding a Statement Describing Infliction or Threat of Physical Injury in California law is informally derived from the famous O.J. Simpson murder trial. In this trial, statements made by Nicole Brown Simpson, O.J. Simpson's ex-wife, about past abuse and threats were sought to be introduced as evidence.

Also, note that these are only valid exceptions if the witness who made the statement is unavailable to come into court.

Visual Aids

What are the California-specific hearsay exceptions requiring unavailability of the witness?
Law School Boost Robot

Want More? Get the Full Experience!

Exclusive illustrations that make complex concepts memorable
More practice hypos to test your understanding
Plain English explanations that actually make sense
AI-powered adaptive learning that tracks your progress

Join 10,000+ law students already using Law School Boost. It's FREE to start!