Chapter 13 - CHAPTER 13 EVIDENCE — HEARSAY

• Jurisdiction: Colorado

Chapter 13 EVIDENCE — HEARSAY

Andrew J. Felser, Esq.

SYNOPSIS

§ 13.1 THE HEARSAY RULE

§ 13.2 WHAT IS HEARSAY: DEFINITIONS

§ 13.3 WHAT IS NOT HEARSAY

§ 13.3.1—Statements Offered Other Than For Their Truth Or Falsity

§ 13.3.2—Prior Statements Of A Witness

§ 13.3.3—Admissions By A Party Opponent

§ 13.3.4—Conspiratorial Statements

§ 13.4 EXCEPTIONS TO HEARSAY: AVAILABILITY OF DECLARANT IMMATERIAL

§ 13.4.1—Present Sense Impression

§ 13.4.2—Excited Utterance

§ 13.4.3—Then-Existing Mental, Emotional, Or Physical Condition

§ 13.4.4—Statements For Purposes Of Medical Diagnosis Or Treatment

§ 13.4.5—Recorded Recollection

§ 13.4.6—Records Of Regularly Conducted Activity

§ 13.4.7—Absence Of Entry In Business Records

§ 13.4.8—Public Records And Reports

§ 13.4.9—Records Of Vital Statistics

§ 13.4.10—Absence Of Public Record Or Entry

§ 13.4.11—Records Of Religious Organizations

§ 13.4.12—Marriage, Baptismal, And Similar Certificates

§ 13.4.13—Family Records

§ 13.4.14—Records Of Documents Affecting An Interest In Property

§ 13.4.15—Statements In Documents Affecting An Interest In Property

§ 13.4.16—Ancient Documents

§ 13.4.17—Market Reports

§ 13.4.18—Learned Treatises

§ 13.4.19—Reputation Concerning Personal Or Family History

§ 13.4.20—Reputation Concerning Boundaries Or General History

§ 13.4.21—Reputation As To Character

§ 13.4.22—Judgment Of Previous Conviction

§ 13.4.23—Judgment As To Personal, Family, Or General History Or Boundaries

§ 13.5 EXCEPTIONS TO HEARSAY: DECLARANT UNAVAILABLE

§ 13.5.1—Former Testimony

§ 13.5.2—Statement Under Belief Of Impending Death

§ 13.5.3—Statement Against Interest

§ 13.5.4—Statement Of Personal Or Family History

§ 13.5.5—Forfeiture, By Wrongdoing, Of Right To Oppose Admission Of Declarant's Statement (Federal Rule Only)

§ 13.6 RESIDUAL HEARSAY EXCEPTION

§ 13.7 HEARSAY WITHIN HEARSAY

§ 13.8 ATTACKING AND SUPPORTING DECLARANT'S CREDIBILITY

AUTHOR'S NOTE. This chapter is organized according to hearsay concepts rather than the precise order in which the hearsay rules are enumerated. This method, it is hoped, will help find the appropriate authority in the rush of trial. For example, within §...