Episode 34 – Code of Evidence: Hearsay Pt. II

This week, Mike and Judge Prescott move on from the definition of hearsay into some of its many exceptions. The exceptions to the hearsay rule are set up by delineating whether the declarant’s availability is required, not required or if the declarant’s availability is immaterial. Judge Prescott lays out the policy reasons for having exceptions in the first place then delves into the exceptions.

In this episode they discuss the following exceptions in which a declarant’s availability is immaterial:

A statement by a party opponent.

A spontaneous utterance

A statement for purposes of obtaining medical diagnosis or treatment

Recorded recollection

Public records and reports

Statements in ancient documents

Published compilations

Statement in a family Bible

Personal identification

Statements in learned treatises

Sec. 8-3. Hearsay Exceptions: Availability of Declarant Immaterial