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Federal Evidence • Hearsay Exceptions - Unavailability Required
EVID#036
Legal Definition
It is largely the same, but also includes statements against social interest (i.e., something that would subject the declarant to hatred, ridicule, or social disgrace).
Plain English Explanation
The Federal rule and California's rule on statements against interest as exceptions to hearsay are similar but have a key difference. Both rules allow for certain out-of-court statements to be used in court if the person who made the statement is unavailable and the statement was so self-damaging that they wouldn’t have said it unless it was true. The federal rule covers statements that would harm a person's financial or legal standing. California's rule is broader, also including statements that would expose someone to social disgrace, like being subject to ridicule or hatred. This means California accepts a wider range of statements as reliable and allows them as evidence in court.
Hypothetical
Hypo 1: Bob is a highly regarded teacher at a prestigious school. He confides in his friend Sam, "I faked my teaching credentials and have no formal qualifications." Bob dies in a car accident shortly after. The school is sued by parents who claim their children's education suffered due to Bob's lack of qualifications. In the lawsuit, the parents seeks to introduce Bob's statement through Sam's testimony to show that Bob misrepresented his qualifications. Result: Bob's admission would be admissible under California's statement against interest exception. The statement is against Bob's social interest, as it would subject him to disgrace and ridicule if known. Bob's death makes him unavailable, satisfying the requirement for this hearsay exception.
Hypo 2: Bob, a respected doctor, tells Sam during a private conversation, "I often prescribe medications without fully understanding the patient's condition because it's quicker." Bob later dies unexpectedly. A patient sues Bob's estate for malpractice, claiming improper medication led to severe health complications. The plaintiff seeks to introduce Bob's statement through Sam's testimony to establish Bob's negligence. Result: Bob's statement would be admissible under California's statement against interest exception. The statement subjects Bob to potential social disgrace and ridicule within the medical community. Bob's unavailability due to his death meets the rule's requirement.
Hypo 2: Bob, a respected doctor, tells Sam during a private conversation, "I often prescribe medications without fully understanding the patient's condition because it's quicker." Bob later dies unexpectedly. A patient sues Bob's estate for malpractice, claiming improper medication led to severe health complications. The plaintiff seeks to introduce Bob's statement through Sam's testimony to establish Bob's negligence. Result: Bob's statement would be admissible under California's statement against interest exception. The statement subjects Bob to potential social disgrace and ridicule within the medical community. Bob's unavailability due to his death meets the rule's requirement.
Visual Aids
Related Concepts
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