Explore the legal terms and concepts related to Hearsay Exceptions - Unavailability Required. Click on any term below to learn more about its definition and applications.
In California, what is the statement describing infliction—or threat—of physical injury hearsay exception, and does it require the witness to be available? This is sometimes called the "OJ Exception."
These statements describe, narrate, or explain infliction or threat of physical injury if made conte...
In California, what is the past physical condition or statement of mind (where at issue in the case) hearsay exception, and does it require the witness to be available?
These are statements of a declarant's past physical or mental condition (including statement of inte...
How does the statement offered against party procuring declarant's unavailability hearsay exception differ in California?
It is applicable only in serious felony cases (the declarant must have been killed or kidnapped), an...
What is the statement offered against party procuring declarant's unavailability hearsay exception, and does it require the witness to be available?
These are statements of a declarant offered against the party who procured the declarant's unavailab...
What is the statement of personal or family history hearsay exception, and does it require the witness to be available?
The statement of personal or family history hearsay exception is a statement about the declarant's—o...
How does the dying declaration hearsay exception differ in California?
In California, the dying declaration hearsay exception is admissible in any case, and must also conc...
What is the dying declaration hearsay exception, and does it require the witness to be available?
In civil actions and homicide cases, the statement must be made by a declarant who believes death is...
How does the statement against interest hearsay exception differ in California?
It is largely the same, but also includes statements against social interest (i.e., something that w...
What is the statement against interest hearsay exception, and does it require the witness to be available?
The statement against interest hearsay exception is a statement that must be contrary to the person'...
What is the former testimony hearsay exception, and does it require the witness to be available?
The former testimony hearsay exception applies to testimony made under oath in earlier proceedings o...
Does California recognize the statement of personal or family history hearsay exception?
No. California has no similar exception.
How does the former testimony hearsay exception differ in California?
In civil cases, it can be offered even against someone who was not a party or in privity (only requi...
