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 of how to effectively use the hearsay rule.
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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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This course was last revised on March 16, 2023.
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Faculty
John A. Snow
Parsons Behle & Latimer
- Attorney with Parsons Behle & Latimer, Salt Lake City, Utah
- Practice focuses on general civil litigation, including commercial, professional malpractice, construction, and insurance coverage and defense matters
- Recognized in The Best Lawyers in America as Lawyer of the Year in litigation, real estate, and construction law; also listed in the areas of legal malpractice defense, commercial litigation, and construction law
- Named in Utah Business magazine’s Utah Legal Elite in business and civil litigation and construction law, and recognized as a Super Lawyer in the Mountain States edition of Super Lawyers Magazine
- Former Chair of the Ethics Advisory Opinion Committee of the Utah State Bar
- Can be contacted at [email protected] or 801-536-6772
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