Chapter 3 - CHAPTER 3 Hearsay

• Jurisdiction: United States

Chapter 3 Hearsay

A. Hearsay Rule

§1 Overview

§1.1 Hearsay defined
§1.2 Admissibility of hearsay evidence

§2 Steps for conducting hearsay analysis

Step 1 Is the evidence hearsay?
Step 2 Does the proceeding permit the introduction of hearsay?
Step 3 Is there an exception to the hearsay rule?
Step 4 Does the evidence violate the defendant's confrontation rights?
Step 5 Is the evidence otherwise admissible?

§3 Characterization of hearsay evidence

§3.1 Statement
§3.2 Made by a person
§3.3 Made outside of court
§3.4 Offered to prove truth of matter stated

§4 Proceedings permitting hearsay evidence

§4.1 Preliminary examination under Pen. C. §872
§4.2 Grand-jury proceeding
§4.3 Sentencing hearing
§4.4 Parole & probation-revocation hearing

B. Exceptions to Hearsay Rule

§1 Overview

§1.1 Burden to prove exception
§1.2 Requirement of declarant's unavailability
§1.3 Effect of unavailability on right to confront & impeach declarant
§1.4 Statements containing multiple levels of hearsay

§2 Exception—Statement of then-existing condition

§2.1 Overview
§2.2 Requirements for exception
§2.3 Constitutional considerations
§2.4 Other considerations

§3 Exception—Statement of past condition

§3.1 Overview
§3.2 Requirements for exception
§3.3 Constitutional

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