NCJ Number
80873
Date Published
Unknown
Length
0 pages
Annotation
A law professor from Georgetown University discusses the exemptions and exceptions to the hearsay rule in the New Federal Rules of Evidence.
Abstract
The presentation highlights contrasting features between common law and the new Federal Rules of Evidence. Among these is a distinction between exemptions and exceptions, which were formerly indistinguishable but are now used as sequential categories of the hearsay rule. The speaker suggests that the hearsay rule should be considered together with rules on opinion, firsthand knowledge, authentication of documents, privileges, and others. Issues dealt with under exemptions include prior witness statements, outer court identification statements, the party admission principle, and the privilege against self-incrimination. Considered under exceptions are matters such as excited utterances, the witness's state of mind, business records, market reports, learned treatises, judgments of courts, former testimony with regard to civil and to criminal cases, dying declarations, and personal interests. In general, the specifics commented on by the speaker represent liberalizations from the former rules of common law.