Better understand how to effectively use the hearsay rule and its exceptions and exclusions.
The evidentiary rule of hearsay is frequently used to bar the introduction of highly probative evidence. Whether you are seeking to have hearsay admitted into evidence or you are resisting the hearsay, you must know this frequently used rule and its exceptions and exclusions. This topic is designed to review, generally, all aspects of the rule. This material will first discuss the basic hearsay rule and its application to testimony and documents. The content will then explore evidence that would otherwise be hearsay but for exclusions from the hearsay rule, such as statements of a party-opponent. The more frequently encountered exceptions to the hearsay rule will also be examined, such as the present sense impressions, excited utterances, existing mental or emotional condition, statements for medical diagnosis, records of regularly conducted activities and others. The exceptions that apply when the declaration is unavailable will also be reviewed. After this topic, you should have a working knowledge on how to effectively use the hearsay rule.
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Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
The Hearsay Rule
- Meaning of Statement
- Meaning of Declarant
- Meaning of Hearsay
Statements That Are Not Hearsay
- Prior Statements of a Witness
- Statements of the Opposing Party
Exceptions to the Hearsay Rule
- Present Sense Impressions
- Excited Utterance
- Existing Mental, Emotional or Physical State
- Statements for Medical Diagnosis
- Records of Regularly Conducted Activity
- Absence of a Record
- Public Records and Absence of a Record
- Records and Statements of an Interest in Property
- Market Reports
- Learned Treatises
- Reputation
Hearsay Exceptions - Unavailable Witness
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Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on November 25, 2019.
Call 1-866-352-9540 for further credit information.
- AR CLE 1.5
- This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
- CA MCLE 1.5
- Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
- NM CLE 1.5
- This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.5 hours of credit.
- OR CLE 2.0
- Approved for 2.0 CLE credits in Oregon.
- WA CLE 1.5
- This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit under the Law & Legal Procedure category.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
Virginia MCLE requirements do not allow approval for programs that do not include an audio or audiovisual component.
This program was previously offered as a live webinar. Virginia MCLE requirements do not allow approval for attendance at duplicate programs.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
John A. Snow
Parsons Behle & Latimer
- Attorney with Parsons Behle & Latimer, Salt Lake City, Utah
- Practice consists of general civil litigation, including commercial, professional malpractice, construction, and insurance coverage and defense
- Designated in The Best Lawyers in America as Lawyer of the Year in litigation, real estate, and construction law; and designated in the areas of practice of legal malpractice defense, commercial litigation, and construction
- Designated in Utah Business magazine’s Utah Legal Elite in the areas of business and civil litigation and construction law, and as a Super Lawyer in the Mountain States in Super Lawyer Magazine
- Ranked in Chambers USA for Utah in general commercial litigation
- Chair of the Ethics Advisory Opinion Committee of the Utah State Bar
- Can be contacted at 801-536-6772 or [email protected]
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Why Lorman?
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