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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:
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.