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Federal Evidence • Hearsay Exceptions - Unavailability NOT Required
EVID#046
Legal Definition
These are statements that are offered to explain, qualify, or make understandable conduct of the declarant, made while declarant was engaged in such conduct. It's the California version of "present sense impression."
It doesn't matter whether the witness is available or not.
It doesn't matter whether the witness is available or not.
Plain English Explanation
The "contemporaneous statement" hearsay exception (which is basically identical to the Federal Rules' "present sense impression") means if someone says something while they are seeing or experiencing it, or just after, it can be used in court even if the person who said it isn't there.
Imagine you're watching a live sports game and you text your friend, "Wow, that was an amazing goal by Messi just now!" This message is a 'present sense impression.' It's like a snapshot of your thoughts at the very moment something is happening. The law allows this kind of statement to be used in court because it's made right in the heat of the moment, making it more likely to be honest and spontaneous. It's like capturing your raw, unfiltered reaction without giving you time to think or possibly make up a story later. Whether you're there in court to talk about it or not doesn't matter; your immediate reaction to what you saw or experienced can still tell a lot.
Imagine you're watching a live sports game and you text your friend, "Wow, that was an amazing goal by Messi just now!" This message is a 'present sense impression.' It's like a snapshot of your thoughts at the very moment something is happening. The law allows this kind of statement to be used in court because it's made right in the heat of the moment, making it more likely to be honest and spontaneous. It's like capturing your raw, unfiltered reaction without giving you time to think or possibly make up a story later. Whether you're there in court to talk about it or not doesn't matter; your immediate reaction to what you saw or experienced can still tell a lot.
Hypothetical
Hypo 1: Bob sees Sam slip and fall in a grocery store. Right after Sam falls, Bob texts his sister, "Just saw Sam slip on a wet floor at the store, there was no sign warning about it." Result: Bob's text is a contemporaneous statement. It's used in court to show there was no warning sign, even if Bob isn't there to testify.
Hypo 2: Sam witnesses a car accident involving Bob. Immediately after, he calls Amy and says, "Bob's car just got hit by a red truck running a red light." Result: Sam's call is a contemporaneous statement, describing how the accident happened, and can be used in court even without Sam being present.
Hypo 3: Bob and Sam are at a concert. Bob hears a loud argument behind him and immediately tells Sam, "Those two guys behind us are about to fight." Result: Bob's comment to Sam right as it happens is a contemporaneous statement and can be used in court to discuss the incident at the concert.
Hypo 4:
Sam sees a robbery in progress and records a video, narrating, "I'm witnessing a robbery at the corner store right now!" Result: Sam's video narration is a contemporaneous statement and can be used in court to establish the timing of the robbery.
Hypo 5: A week after witnessing a car accident, Bob tells Amy, "I remember seeing a blue car hit a bicycle last week." Result: This statement isn't a contemporaneous statement because it's made a week later, not immediately after witnessing the event.
Hypo 2: Sam witnesses a car accident involving Bob. Immediately after, he calls Amy and says, "Bob's car just got hit by a red truck running a red light." Result: Sam's call is a contemporaneous statement, describing how the accident happened, and can be used in court even without Sam being present.
Hypo 3: Bob and Sam are at a concert. Bob hears a loud argument behind him and immediately tells Sam, "Those two guys behind us are about to fight." Result: Bob's comment to Sam right as it happens is a contemporaneous statement and can be used in court to discuss the incident at the concert.
Hypo 4:
Sam sees a robbery in progress and records a video, narrating, "I'm witnessing a robbery at the corner store right now!" Result: Sam's video narration is a contemporaneous statement and can be used in court to establish the timing of the robbery.
Hypo 5: A week after witnessing a car accident, Bob tells Amy, "I remember seeing a blue car hit a bicycle last week." Result: This statement isn't a contemporaneous statement because it's made a week later, not immediately after witnessing the event.
Visual Aids
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