π¦
Federal Evidence β’ 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")
(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.
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
Related Concepts
What are hearsay exclusions?
What are the California-specific hearsay exceptions that don't care whether the witness is available or not?
What are the Federal hearsay exceptions requiring unavailability of the witness?
What are the Federal hearsay exceptions that don't care whether the witness is available or not?
What are the Federal hearsay exclusions?
What is a hearsay exception?
What is hearsay?