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Evidence - Hearsay
Rules 801-807
Term | Definition |
---|---|
Rule 801 | Definitions That Apply to This Article; Exclusions from Hearsay |
Rule 802 | The Rule Against Hearsay |
Rule 803 | Exceptions to the Rule Against Hearsay--Regardless of Whether the Declarant Is Available as a Witness |
Rule 804 | Exceptions to the Rule Against Hearsay--When the Declarant Is Unavailable as a Witness |
Rule 805 | Hearsay Within Hearsay |
Rule 806 | Attacking and Supporting the Declarant's Credibility |
Rule 807 | Residual Exception |
Rule 801 (d) | Statements that are not Hearsay: 1) A Declarant-Witness's Prior Statement 2) An Opposing Party's Statement |
Rule 801 (d)Not Hearsay: (1):Declarant-Wit Prior statement: The declarant testifies and is subject to cross examination about a prior statement and: (A)....? | is inconsistent w/ decl.'s testimony and was given under perjury at a trial, hearing, or other proceeding |
Rule 801 (d)Not Hearsay: (1):Declarant-Wit Prior statement: The declarant testifies and is subject to cross examination about a prior statement and: (B)....? | is const. w/ the decl.'s test. nd is offered: (i) to rebut an expr. or impl. charge that decl recently fabricated it or acted from a recent improp. infl. or motive in test. or (ii) to rehabilitate the decl. cred as a wit when attkd on another ground |
Rule 801 (d)Not Hearsay: (1):Declarant-Wit Prior statement: The declarant testifies and is subject to cross examination about a prior statement and: (C)....? | identifies a person as some one the declarant percieved earlier |
Rule 801 (d)Not Hearsay: (2) An Opposing Party's Statement: The Statement is offered against an opposing party and: | (A) was made by the party in an ind or repr. capacity (B) is one party manif. that it adopted or b'lvd to be true (C) made by person party auth. to make on subj (D) made by party's agent or empl. (E)made by co-conspirator in furth. of conspiracy |