Episode 35 – Code of Evidence: Hearsay Pt. III

In this final episode on hearsay and its exceptions, Mike and Judge Prescott discuss the exceptions in which the declarant’s availability is required or not required. Before diving into the exceptions in which the declarant’s availability is required, Mike and Judge Prescott discuss business records and photographs.

Exceptions when the declarant’s availability is required:

Prior inconsistent statements (State v. Whalen)

Identification of a person

Exceptions where the declarant must be unavailable:

Former testimony

Dying declaration

Statement against civil interests

Statement against penal interest

Private boundary dispute

Reputation of a past generation

Statement of pedigree and family relationships

Forfeiture by wrongdoing

Lastly, they discuss the residual exception and the tender years exception.