
MEMORANDUM Date October 20091 to Interested Persons Re Rule 801 Form


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People also ask
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What are the four general requirements for the admissibility of statements under the Declaration Against Interest exception?
There are four requirements for the statement against interest exception to the hearsay rule to apply: (i) the statement must be against the declarant's interest when made, such that a reasonable person in the declarant's position would have made it only if she believed it to be true, (ii) the declarant knew the ...
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What is the firmly rooted hearsay exception?
Statements are admissible under a “firmly rooted” hearsay exception when they fall within a hearsay category whose conditions have proven over time “to remove all temptation to falsehood, and to enforce as strict an adherence to the truth as would the obligation of an oath” and cross-examination at trial. Mattox v.
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What are the 4 dangers of hearsay?
The general exclusion of hearsay evidence preserves these safeguards of reliable evidence. Thus, the four “hearsay dangers” are insincerity, faulty perception, deficiencies in memory, and errors in narration. The rule excluding hearsay serves to guard against these dangers.
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What are the exceptions to the hearsay evidence code?
Evidence Code 1220 EC makes an exception to the hearsay rule for statements that are made by a party to litigation (for example, a criminal defendant) when those statements are offered against him/her.
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What is the rule 801 in Texas?
Rule 801 - Definitions That Apply to This Article; Exclusions from Hearsay (a) Statement. "Statement" means a person's oral or written verbal expression, or nonverbal conduct that a person intended as a substitute for verbal expression.
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What is the rule of evidence for admission against interest?
An admission against interest is as an out-of-court statement made by a party that is against their own pecuniary, proprietary, or penal interest, and that is admissible under both an exclusion (admission by a party-opponent) and an exception (statement against interest) to the rule against hearsay.
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What are the three hearsay exceptions?
These five hearsay exceptions are (1) former testimony; (2) dying declarations; (3) statements against interest; (4) a declarant's statements regarding that individual's own family history; and (5) a declarant's statements against a party who caused the declarant's unavailability. See Fed. R.
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What are the three exceptions to the hearsay rule?
There are a number of exceptions to the hearsay rule (including present-sense impression, excited utterances, declarations of present state of mind, dying and the business records exceptions), as well as things defined not to be hearsay (admission of a party-opponent, and prior statements of a witness).
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