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Hearsay Exceptions - Unavailability NOT Required

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Explore the legal terms and concepts related to Hearsay Exceptions - Unavailability NOT Required. Click on any term below to learn more about its definition and applications.

EVID#064

What is the judgments of conviction hearsay exception, and does it require the witness to be available?

Felony convictions are admissible in both criminal and civil cases to prove a fact essential to judg...

EVID#063

What is the market reports hearsay exception, and does it require the witness to be available?

This applies to reports that are generally relied on by the public or a person of a particular occup...

EVID#062

What is the family records hearsay exception, and does it require the witness to be available?

This applies to statements found in things like the family Bible, jewelry, tombstones, etc. It does...

EVID#061

In California, how does the learned treatises hearsay exception differ?

In California, this exception only applies to facts of general notoriety and interest (e.g., history...

EVID#060

What is the learned treatises hearsay exception, and does it require the witness to be available?

These are statements from authoritative works if called to the attention of an expert witness and es...

EVID#059

In California, how does the ancient documents hearsay exception differ?

In California, a document only qualifies as "ancient" if it is at least 30 years old, which is 10 ye...

EVID#058

What is the ancient documents hearsay exception, and does it require the witness to be available?

The ancient documents hearsay exception applies to any document that is at least 20 years old. It d...

EVID#057

What is the property records hearsay exception, and does it require the witness to be available?

This applies to property records like deeds and mortgages. It doesn't matter whether the witness is...

EVID#056

What is the vital records hearsay exception, and does it require the witness to be available?

These are records that must be made to a public officer pursuant to the requirements of the law. It...

EVID#055

In California, how does the official and public records hearsay exception differ?

It is broader than the Federal rule because police records regarding observations in criminal cases...

EVID#054

What is the official and public records hearsay exception, and does it require the witness to be available?

The official and public records hearsay exception applies to records that either describe activities...

EVID#053

What is the past recorded recollection hearsay exception, and does it require the witness to be available?

The past recorded recollection hearsay exception applies to writings made or adopted by a witness wh...

EVID#052

What is the business records hearsay exception, and does it require the witness to be available?

The business records hearsay exception applies to records made at or near the time of the event, by...

EVID#051

What is the past physical or mental condition hearsay exception, and does it require the witness to be available?

These are statements describing a past physical or mental condition if they are made for the purpose...

EVID#050

What is the present physical or mental condition hearsay exception, and does it require the witness to be available?

These are statements describing a present physical or mental condition (even if not made to a physic...

EVID#049

What is the present state of mind hearsay exception, and does it require the witness to be available?

These statements are of the declarant's then-existing physical or mental condition or state of mind...

EVID#048

In California, what is the spontaneous statement hearsay exception, and does it require the witness to be available?

This is the California version of excited utterance, and is the same rule: Statements made while und...

EVID#047

What is the excited utterance hearsay exception, and does it require the witness to be available?

These are statements made while under the stress of the excitement of a startling event, explaining...

EVID#046

In California, what is the contemporaneous statements hearsay exception, and does it require the witness to be available?

These are statements that are offered to explain, qualify, or make understandable conduct of the dec...

EVID#045

What is the present sense impression hearsay exception, and does it require the witness to be available?

These are statements that describe or explain an event or condition made while the declarant was per...

EVID#065

In California, how does the judgments of conviction hearsay exception differ?

It is broader and applies to felonies and misdemeanors.

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