Hearsay Exclusions

Published: 2021-06-28 22:15:04
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Category: Law

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In a federal court of law it is not admissible to factually enter an individual’s statement when that particular statement is not evidentially backed. There are 24 exceptions to this federal rule (Find Law, 2016). Of these rules include such things as excited utterance, statements against interest, and matter of record. Excited utterance is an interesting concept indicating that an individual is going to make factual statements immediately following a traumatic event. The knowledge remains that an individual in high excitement (such as after a traumatic event) does not maintain the frame of mind to develop lies (Wodjacz, 2009). Statements against interest are also another noteworthy exception in the aspect that the courts have recognized individuals “would not fabricate a statement divergent to his (or her) own best interest” (Wodjacz, 2009). The final federal exception discussed in this document is that of matter of record.
Matter of record covers an immense number of the 24 federal exceptions. Some of these exceptions include such things comprised of business records. The thought-provoking impression behind this includes is the knowledgeable that an individual is available in order to explain and verify the information being provided (Legal Information Institute, 2016). Further examples of matter of record in federal court include documents being provided that are governmentally, or certifiably, sealed and are capacities of public record. Hand in hand with the public record rule remains that court proceedings and judgement records from previous court cases are admissible, so long as evidence being presented is relevant to the current case and there is not a previous order barring such (Find Law, 2016).
One important matter to consider is the “catchall” rule. The catchall rule embodies any such hearsay exception that meets certain criteria. The declarant need not be unavailable for these criteria to apply. Of those criteria include whether the statement has (a) sound guarantee of trustworthiness, (b) offered to help prove a material fact, (c) more probative than other equivalently obtainable evidence, (d) admittance would forward the cause of justice, and (e) the opposing party has been informed that such is being entered into evidence (Woodjacz, 2009).

Find Law. (2016). “Hearsay” Evidence. Retrieved from http://criminal.findlaw.com/criminal-procedure/hearsay-evidence.html
Legal Information Institute. (2016). Rule 803. Exceptions to the Rule Against Hearsay | Federal Rules of Evidence. Retrieved from https://www.law.cornell.edu/rules/fre/rule_803
Wodjacz, M. (2009, December). Objection: Hearsay! What is the hearsay rule, and what are the exceptions to it? Retrieved from https://www.legalzoom.com/articles/objection-hearsay-what-is-the-hearsay-rule-and-what-are-the-exceptions-to-it

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