Hearsay Exceptions Cheat Sheet
Hearsay Exceptions Cheat Sheet
Definitions:
Hearsay- an out of court statement,
offered to prove the truth of the matter asserted.
Declarant- person who originally made the statement.
Not Hearsay:
1. Prior Inconsistent Statement
2. Admission by Defendant or Party Opponent
Hearsay but Exception:
1. Present Sense Impression
2. Excited Utterance
3. Then existing mental, emotional, physical condition
4. Medical Diagnosis
5. Business Record
Hearsay but Exception if Declarant Unavailable:
1. Former Testimony Under Oath
2. Dying Declaration
3. Statement Against Interest
4. Statement Against Person Who Made Declarant Unavailable