Chapter 3 - CHAPTER 3 Hearsay
Jurisdiction | United States |
Chapter 3 Hearsay
A. Hearsay Rule
§1 Overview
§1.1 Hearsay defined§2 Steps for conducting hearsay analysis
§1.2 Admissibility of hearsay evidence
Step 1 Is the evidence hearsay?§3 Characterization of hearsay evidence
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?
§3.1 Statement§4 Proceedings permitting hearsay evidence
§3.2 Made by a person
§3.3 Made outside of court
§3.4 Offered to prove truth of matter stated
§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§2 Exception—Statement of then-existing condition
§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
§2.1 Overview
§2.2 Requirements for exception
§2.3 Constitutional considerations
§2.4 Other considerations
§3 Exception—Statement of past condition
§3.1 Overview§4 Exception—Statement of child-abuse victim
§3.2 Requirements for exception
§3.3 Constitutional considerations
§3.4 Other considerations
§4.1 Overview§5 Exception—Party's own admission
§4.2 Requirements for exception
§4.3 Constitutional considerations
§4.4 Other considerations
§5.1 Overview§6 Exception—Party's adoptive admission
§5.2 Requirements for exception
§5.3 Constitutional considerations
§5.4 Other considerations
§6.1 Overview§7 Exception—Party's authorized admission
§6.2 Requirements for exception
§6.3 Constitutional considerations
§6.4 Other considerations
§7.1 Overview§8 Exception—Coconspirator's admission
§7.2 Requirements for exception
§7.3 Constitutional considerations
§8.1 Overview§9 Exception—Child's corroboration of confession to sexual abuse
§8.2 Requirements for exception
§8.3 Constitutional considerations
§8.4 Other considerations
§9.1 Overview§10 Exception—Declaration against interest
§9.2 Requirements for exception
§9.3 Constitutional considerations
§9.4 Other considerations
§10.1 Overview§11 Exception—Sworn statement relevant to gang-related crime
§10.2 Requirements for exception
§10.3 Constitutional considerations
§11.1 Overview
§11.2 Requirements for exception
§11.3 Constitutional considerations
§11.4 Other considerations
§12...
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- Chapter 3 Hearsay
- Chapter 3 - CHAPTER 3 Hearsay
- Chapter 3 - A. Hearsay Rule
- Chapter 3 - §1. Overview
- Chapter 3 - §2. Steps for conducting hearsay analysis
- Chapter 3 - §3. Characterization of hearsay evidence
- Chapter 3 - §4. Proceedings permitting hearsay evidence
- Chapter 3 - B. Exceptions to Hearsay Rule
- Chapter 3 - §1. Overview
- Chapter 3 - §2. Exception—Statement of then-existing condition
- Chapter 3 - §3. Exception—Statement of past condition
- Chapter 3 - §4. Exception—Statement of child-abuse victim
- Chapter 3 - §5. Exception—Party's own admission
- Chapter 3 - §6. Exception—Party's adoptive admission
- Chapter 3 - §7. Exception—Party's authorized admission
- Chapter 3 - §8. Exception—Coconspirator's admission
- Chapter 3 - §9. Exception—Child's corroboration of confession to sexual abuse
- Chapter 3 - §10. Exception—Declaration against interest
- Chapter 3 - §11. Exception—Sworn statement relevant to gang-related crime
- Chapter 3 - §12. Exception—Prior inconsistent statement
- Chapter 3 - §13. Exception—Prior consistent statement
- Chapter 3 - §14. Exception—Past recollection recorded
- Chapter 3 - §15. Exception—Statement of identification
- Chapter 3 - §16. Exception—Former testimony
- Chapter 3 - §17. Exception—Spontaneous statement
- Chapter 3 - §18. Exception—Contemporaneous statement
- Chapter 3 - §19. Exception—Dying declaration
- Chapter 3 - §20. Exception—Business record
- Chapter 3 - §21. Exception—Official record
- Chapter 3 - §22. Exception—Rule of completeness
- Chapter 3 - §23. Special hearsay exceptions in criminal proceedings
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