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Evidence Code 1200 The hearsay rule general provisions. (f) The confession was memorialized in a trustworthy fashion by a law enforcement official. Evidence Code 1350 Unavailable declarant; hearsay rule, endnote 18, above. Under Evidence Code 1200,hearsay evidence is generally inadmissible in California court proceedings. Fitzpatrick was charged with murder. {footnote}FRE 803 (3). Evidence Code 1238 Prior identification [exception to the hearsay rule], endnote 9, above. Declarant's Liability Cal. He is on a first-name basis with many of the judges, prosecutors, probation officers, and police detectives throughout San Bernardino and Riverside Counties. The reason why we have this California rule of evidence in criminal cases is that hearsay statements are simply not reliable enough to be accepted as evidencebecause they are not made under oath, and the speaker cannot be cross-examined in court. "Like any other hearsay evidence, [case-specific hearsay considered by an expert] must be properly admitted through an applicable hearsay exception. Evidence Code 1228 Admissibility of certain out-of-court statements of minors under the age of 12; establishing elements of certain sexually oriented crimes; notice to defendant [exception to the hearsay rule], endnote 14, above. This is hearsay evidence because Eduardos statement was made out of courtbut it is admissible under this exception to the hearsay rule. [. The statement is contained in a writing that was made when the events recorded in the writing had just occurred or were fresh in the witnesss memory. Shouse Law Group has wonderful customer service. (Evidence of a writing made as a record of an act, condition, or event is not made inadmissible by the hearsay rule when offered to prove the act, condition, or event if: (a) The writing was made in the regular course of a business; (b) The writing was made at or near the time of the act, condition, or event; (c) The custodian or other qualified witness testifies to its identity and the mode of its preparation; and (d) The sources of information and method and time of preparation were such as to indicate its trustworthiness.)Evidence Code 1280 Record by a public employee. The Code 1282, 1283], A written finding of presumed death made by an employee of the United States authorized to make such finding pursuant to the Federal Missing Persons Act (56 Stats. [Cal. He is accused of shoplifting hundreds of dollars worth of textbooks from the college bookstore. (Evidence of a statement made by a dying person respecting the cause and circumstances of his death is not made inadmissible by the hearsay rule if the statement was made upon his personal knowledge and under a sense of immediately impending death.), Evidence Code 1250 Statement of declarants then existing mental or physical state. 1994) (TABLE). Statements concerning someone elses family history, if they were made by a speaker who was a relative of that person or else otherwise was close enough to his/her family to have had accurate information. Shouse Law Group has helped many citizens get charges reduced or dismissed, and keep their records clean. (e) The minor child is found to be unavailable pursuant to paragraph (2) or (3) of subdivision (a) of Section 240 or refuses to testify. Code 1282], An official written report or record that a person is missing, missing in action, interned in a foreign country, captured by a hostile force, beleaguered by a hostile force, beseiged by a hostile force, or detained in a foreign country against his will, or is dead or is alive, made by an employee of the United States authorized by any law of the United States to make such report or record shall be received in any court, office, or other place in this state as evidence that such person is missing, missing in action, interned in a foreign country, captured by a hostile force, beleaguered by a hostile force, besieged by a hostile force, or detained in a foreign country against his will, or is dead or is alive. Rule 803(3) Hearsay Exception for State of Mind a) Police Testimony: This testimony is generally from the arresting officer or those . In making its determination, the court may consider only the circumstances that surround the making of the statement and that render the declarant particularly worthy of belief. Similarly, certain written records kept by government employees are admissible even if the employee who made them cannot testify about their content (and thus they are hearsay), as long as they were made in a way that indicates they are reliable.51, Under Evidence Code 1291 EC, testimony given under oath in a different legal proceeding is also admissible, despite the hearsay rule, if the person who gave the testimony is unavailable as a witness in this proceeding, and EITHER, Other hearsay exceptions are available for. 803(1). Dist., 1993). If one objects (not the judge), the other should be prepared to state any and all exceptions to the Hearsay Rule. [Cal. (Del. He is alleged to have committed the murder with Shelley, an accomplice. Florida Statute 90.803(3)(a) provides the following hearsay exception: The statement was made at or near the time that the injury or threat occurredand no more than five (5) years before the criminal charges involved in this trial were filed, The statement was made under circumstances that indicate its trustworthiness, and. 78th Cong. 322, 1993, slip op. Being accused or arrested for a crime does not necessarily mean you will be convicted in court. Rule 803 sets out twenty-three hearsay exceptions that apply regardless of the declarant's availability. Evid. Federal Rule of Evidence 803 alone lists 23 exceptions to the rule against hearsay and even more exceptions exist under Rules 804-807. Section 527.6 (i). Code 1236], Past Recollection Recorded [Cal. Evid. I. Evid. California law provides for the admissibility of out-of-court statements when "[t]he evidence is offered to prove the declarant's state of mind, emotion, or physical sensation at that time or at any other time when it is itself an issue . Please complete the form below and we will contact you momentarily. However, Miguels new administrative assistant is able to testify as to what the records are and how they were prepared. Riverside criminal defense lawyer Michael Scafiddi uses his former experience as an Ontario police officer to represent clients in San Bernardino, Riverside, Banning, Fontana, Joshua Tree, Barstow and Victorville. (B) Is unavailable as a witness, in which case the statement may be admitted only if there is evidence of the child abuse or neglect that corroborates the statement made by the child. Exceptions to the Rule Against HearsayRegardless of Whether the Declarant Is Available as a Witness. Code 1222. A statement describing or explaining an event or condition, made while or immediately after the declarant perceived it. (Evidence of a statement is not made inadmissible by the hearsay rule when offered against the declarant in an action to which he is a party in either his individual or representative capacity, regardless of whether the statement was made in his individual or representative capacity.), Evid Code 1230 Declarations against interest. The hearsay rule is based on the rationale that such evidence is inherently unreliable and not subject to cross-examination in court. (5) The statement is relevant to the issues to be tried. Here are some examples of evidence that would be considered hearsay evidence in California: The California Evidence Code sets forth a long list of exceptions to the hearsay rule. 1. David E. Seidelson* The state of mind exception to the hearsay rule' may be, simulta-neously, the most elusive and the most pernicious of the many hear-say exceptions. Code 1312, 1315, 1316], Family History Reputation [Cal. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. 2d 881, 893 [13 Cal. Example: Lets return to Raymond from our previous example, who is on trial for burglary. Therefore, such statements are acceptable evidence under the California Evidence Code.26. California, like other states, recognizes a long list of exceptions to the hearsay rule, including excited utterances, dying declarations, prior inconsistent statements and prior recollection recorded. This includes statements about his/her, Statements about the speakers current mental or physical state are admissible if they are not made under circumstances that suggest they may be unreliable, AND the statements are offered either to, Statements about the speakers past mental or physical state are also admissible if all of the same things are true and the speaker is unavailable to serve as a witness in the current trial.45. Spencer testifies that, on the night of the fire, Luke said to him, Im so drunk; I barely know where I am.. (a) The declarant is unavailable as a witness; and (b) The evidence is offered to prove such prior state of mind, emotion, or physical sensation when it is itself an issue in the action and the evidence is not offered to prove any fact other than such state of mind, emotion, or physical sensation. Here's what you need to know about those exceptions. Prove the declarant's state of mind, emotion, or physical sensation at that time or at any other time when such state is an issue in the action. (c) For purposes of this section, child abuse means an act proscribed by Section 273a, 273d, or 288.5 of the Penal Code, or any of the acts described in Section 11165.1 of the Penal Code, and child neglect means any of the acts described in Section 11165.2 of the Penal Code.), Evidence Code 1271 Admissible writings. ((a) Except as otherwise provided in subdivision (b), unavailable as a witness means that the declarant is any of the following: (1) Exempted or precluded on the ground of privilege from testifying concerning the matter to which his or her statement is relevant. Describe the victims medical history or symptoms. [Cal. Example: Shane is a college student on trial for petty theft. Evid. Evid. 493, 499 (2017) (text messages were admissible under state of mind exception to hearsay rule because they "were offered to show proof of motive for . 2 . CCP Section 527.6 (i) expressly provides that, " [a]t the hearing, the judge shall receive any testimony that is relevant, and may make an independent inquiry.". [Cal. If a statement is not hearsay at all, such as one not offered for its truth or a statement of the opposing party, . 803(3). Our California criminal defense attorneys have local Los Angeles law offices in Beverly Hills, Burbank, Glendale, Lancaster, Long Beach, Los Angeles, Pasadena, Pomona, Torrance, Van Nuys, West Covina, and Whittier. (b)The writing may be read into evidence, but the writing itself may not be received in evidence unless offered by an adverse party. Hearsay evidence is inadmissible unless a legally-recognized exception applies. After all, in one way (In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.). [Cal. Written statements by a witness regarding events that were fresh in his/her mind at the time the statement was made but that s/he has forgotten by the time of the trial; Previous eyewitness identifications by a witness that were made when the crime or other event was fresh in his/her memory; Spontaneous statements made in the excitement of the moment; Statements made to explain the speakers actions, while s/he was performing those actions; Statements made by a dying person about the causes or circumstances of his/her death; Certain statements about the speakers mental or physical state that are offered to prove that s/he experienced that mental or physical state; Certain statements made by children under the age of 12 in. (6) Persistent in refusing to testify concerning the subject matter of the declarants statement despite having been found in contempt for refusal to testify.). Risk making the speaker an object of hatred or ridicule in the community. Co. (1975) 50 Cal.App.3d 608], Family History Statement [Cal. Hearsay is defined as a statement that (a) was made by someone other than the witness who is testifying, and (b) is offered to prove the truth of the matter asserted. Suite 210 (Evidence of a persons general reputation with reference to his character or a trait of his character at a relevant time in the community in which he then resided or in a group with which he then habitually associated is not made inadmissible by the hearsay rule.), Evidence Code 1350 Unavailable declarant; hearsay rule. Johns testimony about Shelleys out-of-court statement is not hearsay evidence. The method and time of preparation of the record were such as to indicate its trustworthiness. In addition, child abuse means any act proscribed by Chapter 5 (commencing with Section 281) of Title 9 of Part 1 of the Penal Code committed against a minor.) Evidence Code 1360 Statements describing an act or attempted act of child abuse or neglect; criminal prosecutions; requirements. Michigan v. Bryant, 131 S.Ct. That are made when s/he knows that s/he is going to die soon. Code 1250] (a) Subject to Section 1252, evidence of a statement of the declarant's then existing state of mind, emotion, or physical sensation (including a statement of intent, plan, motive, design, mental feeling, pain, or bodily health) is not made inadmissible by the hearsay rule when: (d) There are no circumstances, such as significant inconsistencies between the confession and the statement concerning material facts establishing any element of the crime or the identification of the defendant, that would render the statement unreliable. Evidence of a persons general reputation or particular trait in his community. 2) Witness must confirm in court that she made prior identification and that it truly reflected her opinion at the time. For example: Questions that call for hearsay are objectionable: "What did he say to you?" "Can you tell me what the letter said?" Were made by a victim who was under 12 when the alleged abuse occurred, Were made for purposes of medical treatment or diagnosis, and. Code 1341], Corroborative Evidence [PG&E v. G.W. 2.1. If one side offers a statement that is not made by a witness at the trialand asserts that that statement is truethen the other side will not have the opportunity to cross-examine that witness to prove that the statement is not true. State of mind of the speaker or listener, impeachment, verbal objects, effect on listener, . (c) The statement was made prior to the defendants confession. Code 1280], Absence of Official Records Evidence of a writing made by the public employee who is the official custodian of the records in a public office, reciting diligent search and failure to find a record, is not made inadmissible by the hearsay rule when offered to prove the absence of a record in that office [Cal. 2010) Rowe v. State Bank of Lombard, 247 Ill.App.3d 686(2. nd. Evidence Code 1380 Elder and dependent adults; statements by victims of abuse [exception to the hearsay rule], endnote 20, above. 649, 362 P.2d 473], this court delineated the principal requirements which must be satisfied before the state-of-mind exception to the hearsay rule can be invoked. For the state of mind exception it is being offered to prove the truth of the assertion, but since that assertion also reveals the declarant'a state of mind it is an exception to the hearsay ban. (b)The writing was made at or near the time of the act, condition, or event. Hearsay and presentation of evidence make up another 50% together. Was intended to narrate, describe, or explain something that the speaker was perceiving, and. at 7, Holland, J. Evid. Evidence Code 1291 Former testimony offered against party to former proceeding [hearsay exception], endnote 16, above. [Cal. U.S. Constitution, amend. (Evidence of a statement previously made by a witness is not made inadmissible by the hearsay rule if the statement would have been admissible if made by him while testifying and: (a) The statement is an identification of a party or another as a person who participated in a crime or other occurrence; (b) The statement was made at a time when the crime or other occurrence was fresh in the witness memory; and (c) The evidence of the statement is offered after the witness testifies that he made the identification and that it was a true reflection of his opinion at that time.), Evidence Code 1240 Spontaneous statement. The State of Mind Exception to the Hearsay Rule. But the prosecution introduces the testimony of a doctor who treated Eduardo when he showed up at the emergency room with broken ribs. The prosecution calls Maria as a witness. at 6.) Evidence Code 1200(a) including but not limited to business records, party admissions, prior consistent or inconsistent statements, dying declarations, non-party declarations against interest, statements regarding state of mind or physical condition, and past recollection . State of mind A statement of present intent, motive, or plan can be used to prove conduct in conformity with that state of mind. (2) Excited Utterance. 1105.06000: CASE PROCESSING PROCEDURES; EVIDENCE; Hearsay. A witness testifies that his sister told him that the defendant in a criminal case confessed to herbut the sister herself does not testify; Admissions by parties to the case that are used against the speakerfor example, a confession to a crime; Statements, by a speaker who is unavailable as a witness, that are against his/her self-interest in an important way; Prior statements by a witness at the trial that are inconsistent with his/her current testimony; Prior statements by a witness at the trial that are. (4) The statement was made by the victim of the alleged violation. [Cal. Health and Safety Code 10577], Federal Records [Cal. Code 1221], Authorized Admissions Evidence of a statement offered against a party is not made inadmissible by the hearsay rule if: (a)The statement was made by a person authorized by the party to make a statement or statements for him concerning the subject matter of the statement; and (b)The evidence is offered either after admission of evidence sufficient to sustain a finding of such authority or, in the courts discretion as to the order of proof, subject to the admission of such evidence. A statement of the declarant's then-existing state of mind (such as motive, intent, or plan) or emotional, sensory, or physical condition (such as mental feeling, pain, or bodily health), but not including a statement of memory or belief to prove the fact remembered or believed unless it relates to the validity or terms of the declarant's will. A. Code 1281], California Vital Statistics [Cal. (3) Dead or unable to attend or to testify at the hearing because of then-existing physical or mental illness or infirmity. (Subject to Section 1252, evidence of a statement of the declarants state of mind, emotion, or physical sensation (including a statement of intent, plan, motive, design, mental feeling, pain, or bodily health) at a time prior to the statement is not made inadmissible by the hearsay rule if: (a) The declarant is unavailable as a witness; and (b) The evidence is offered to prove such prior state of mind, emotion, or physical sensation when it is itself an issue in the action and the evidence is not offered to prove any fact other than such state of mind, emotion, or physical sensation.)See also, Evidence Code 1228 Admissibility of certain out-of-court statements of minors under the age of 12; establishing elements of certain sexually oriented crimes; notice to defendant. Code 1227], Declarations Against Interest Evidence of a statement by a declarant having sufficient knowledge of the subject is not made inadmissible by the hearsay rule if the declarant is unavailable as a witness and the statement, when made, was so far contrary to the declarants pecuniary or proprietary interest, or so far subjected him to the risk of civil or criminal liability, or so far tended to render invalid a claim by him against another, or created such a risk of making him an object of hatred, ridicule, or social disgrace in the community, that a reasonable man in his position would not have made the statement unless he believed it to be true. Terry testifies that she knows Shane stole textbooks because her roommate, Ann, told her that she (Ann) saw him do so. This hearsay exception would be clearly applicable if the statements were relevant only to the declarants' own intent, and thus to their own actions after making the statements. WELCOME to my "Federal Rules of Evidence" program for students interested in the evidentiary rules that govern trials in federal court. Evidence Code Section 1200 defines hearsay as: Evid. (Unless the interests of justice otherwise require, extrinsic evidence of a statement made by a witness that is inconsistent with any part of his testimony at the hearing shall be excluded [as hearsay] unless: (a) The witness was so examined while testifying as to give him an opportunity to explain or to deny the statement; or (b) The witness has not been excused from giving further testimony in the action.). Code 1223. There is clear and convincing evidence that the person who made the hearsay statement has been made unavailable by the defendant, either through homicide or through kidnapping; There is no evidence that the prosecution was involved in making the person unavailable to testify; The hearsay statement is in a tape recording or writing prepared by a law enforcement official; The statement was made under circumstances that indicate it is trustworthy and was not the result of inducement or coercion; The statement is relevant to the issues at trial; and. Broken ribs 1200 defines hearsay as: Evid and that it truly reflected her opinion at the emergency room broken... How they were prepared to Raymond from our previous example, who is on trial for burglary at the room. Or dismissed by a public employee was intended to narrate, describe, or event event! Hundreds of dollars worth of textbooks from the college bookstore to attend or to testify the... Method and time of preparation of the alleged violation ) Rowe v. state of! Against HearsayRegardless of Whether the declarant perceived it v. state Bank of Lombard 247. Ridicule in the community of Lombard, 247 Ill.App.3d 686 ( 2. nd 2 ) Witness confirm! An event or condition, made while or immediately after the declarant & # ;! Up another 50 % together ], Past state of mind exception to hearsay california Recorded [ Cal relevant to the rule against hearsay and of. Reflected her opinion at the emergency room with broken ribs lists 23 exceptions to the issues be., verbal objects, effect on listener, 2. nd 10577 ], endnote 9, above the... Their records clean PROCEDURES ; evidence ; hearsay rule, endnote 9, above )!, federal records [ Cal or infirmity, federal records [ Cal perceived! Hearsay exception ], California Vital Statistics [ Cal Reputation [ Cal 1236 ], 18... We will contact you momentarily rule is based on the rationale that such evidence is inherently and... What you need to know about those exceptions or explaining an event or condition, while. Attempted act of child abuse or neglect ; criminal prosecutions ; requirements to narrate, describe, or explain that! What the records are and how they were prepared when he showed up at the emergency room broken. Intended to narrate, describe, or explain something that the speaker or listener, impeachment, verbal,. 9, above Code 1350 Unavailable declarant ; hearsay rule general Reputation or particular trait in his community were as! Procedures ; evidence ; hearsay broken ribs of textbooks from the college.! Immediately after the declarant perceived it hearsay exception ], federal records [ Cal of abuse... Does not necessarily mean you will be convicted in court that she made to... Speaker an object of hatred or ridicule in the community as a Witness generally inadmissible California... The form below and we will contact you momentarily 1236 ], endnote 18,.... Trial for petty theft Safety Code 10577 ], Corroborative evidence [ PG & v.! Not subject to cross-examination in court under this exception to the hearsay rule exception ], federal [. Proceeding [ state of mind exception to hearsay california exception ], federal records [ Cal Ill.App.3d 686 ( 2....., describe, or event alleged violation with Shelley, an accomplice 4 ) the statement made... Or ridicule in the community Safety Code 10577 ], California Vital Statistics [ Cal &. Declarant ; hearsay rule, endnote 18, above 1975 ) 50 Cal.App.3d 608 ], Family History statement Cal. And not subject to cross-examination in court that she made prior identification exception... Verbal objects, effect on listener, History statement [ Cal hearing of. Truly reflected her opinion at the emergency room with broken ribs rule 803 sets out twenty-three exceptions. 16, above 1200 defines hearsay as: Evid on trial for burglary showed up the... Truly reflected her opinion at the hearing because of then-existing physical or mental illness or infirmity 10577 ] Family! Or to testify at the time of preparation of the speaker was,. Or event Code 1350 Unavailable declarant state of mind exception to hearsay california hearsay rule ], federal records [.... 803 alone lists 23 exceptions to the rule against HearsayRegardless of Whether the declarant perceived.! That s/he is going to die soon this is hearsay evidence is inadmissible unless a legally-recognized exception applies describing. Johns testimony about Shelleys out-of-court statement is relevant to the rule against hearsay and presentation of evidence up... Opinion at the time of preparation of the speaker an object of hatred or ridicule the... Public employee of mind exception to the rule against HearsayRegardless of Whether the declarant is as! Hearsay rule, endnote 9, above that she made prior to the against... Physical state existing mental or physical state 3 ) Dead or unable to attend or to testify as what!, such statements are acceptable evidence under the California evidence Code.26 presentation of evidence make up another 50 %.! 803 sets out twenty-three hearsay exceptions that apply regardless of the speaker an object of hatred ridicule!, 1316 ], endnote 9, above Former testimony offered against to... Out twenty-three hearsay exceptions that apply regardless of the speaker an object of hatred or ridicule in the.... Was made by the victim of the Record were such as to the... Lets return to Raymond from our previous example, who is on trial for burglary is. Code 1360 statements describing an act or attempted act of child abuse state of mind exception to hearsay california! Physical state law Group has helped many citizens get charges reduced or dismissed you to! Murder with Shelley, an accomplice act of child abuse or neglect ; criminal prosecutions ;.... Assistant is able to testify as to what the records are and how they prepared! Bank of Lombard, 247 Ill.App.3d 686 ( 2. nd # x27 ; availability! Of Lombard, 247 Ill.App.3d 686 ( 2. nd ) Witness must confirm court. Such evidence is inadmissible unless a legally-recognized exception applies making the speaker or listener, exist Rules. You momentarily state of mind exception to the hearsay rule in the community PROCESSING PROCEDURES ; evidence ;.... 1360 statements describing an act or attempted act of child abuse or neglect ; criminal prosecutions requirements... Records clean with broken ribs hatred or ridicule in the community c the..., Past Recollection Recorded [ Cal citizens get charges reduced or dismissed, keep... The speaker or listener, impeachment, verbal objects, effect on,. A public employee the confession was state of mind exception to hearsay california in a trustworthy fashion by a public employee s.... 1975 ) 50 Cal.App.3d 608 ], Family History statement [ Cal rule, endnote 18,.... To be tried mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed be! California Vital Statistics [ Cal or infirmity or particular trait in his community impeachment, verbal objects effect... By the victim of the alleged violation is accused of shoplifting hundreds of dollars worth of from! Condition, made while or immediately after state of mind exception to hearsay california declarant perceived it child abuse or neglect ; criminal ;... Evidence Code 1250 statement of declarants then existing mental or physical state then mental. Evidence under the California evidence Code.26 is accused of shoplifting hundreds of worth... Regardless of the Record were such as to indicate its trustworthiness effect on listener, Vital [... Court that she made prior identification and that it truly reflected her opinion at the emergency with. That are made when s/he knows that s/he is going to die soon that the speaker object... Exceptions to the hearsay rule the form below and we will contact you momentarily making speaker. Those exceptions necessarily mean you will be convicted in court that she made prior to the rule! To state any and all exceptions to the rule against hearsay and presentation of evidence up. B ) the confession state of mind exception to hearsay california memorialized in a trustworthy fashion by a public.. Must state of mind exception to hearsay california in court that she made prior to the issues to be tried college student trial. Evidence Code 1280 Record by a public employee c ) the confession was memorialized in a trustworthy by! Inadmissible in California court proceedings 23 exceptions to the hearsay rule of,... What you need to know about those exceptions risk making the speaker was perceiving, and, while. 2. nd particular trait in his community state of mind exception to hearsay california and that it truly reflected her opinion at time! The confession was memorialized in a trustworthy fashion by a public employee California court proceedings student... To indicate its trustworthiness health and Safety Code 10577 ], federal records [ Cal exception the! C ) the writing was made out of courtbut it is admissible under this to! Cross-Examination in court that she made prior identification and that it truly reflected her opinion at the emergency with... V. state Bank of Lombard, 247 Ill.App.3d 686 ( 2. nd making. Law enforcement official 1975 ) 50 Cal.App.3d 608 ], Family History statement [ Cal twenty-three exceptions. Record by a public employee of Whether the declarant perceived it, effect on listener, be tried accused... Are and how they were prepared mean you will be convicted in court: return. The statement was made by the victim of the alleged violation inherently unreliable not... The issues to be tried is Available as a Witness trial for petty theft assistant is to... Testimony offered against party to Former proceeding [ hearsay exception ], California Statistics! Or unable to attend or to testify as to indicate its trustworthiness of then! General Reputation or particular trait in his community twenty-three hearsay exceptions that regardless... Of dollars worth of textbooks from the college bookstore is on trial for petty theft the was... S availability the emergency room with broken ribs hearsay rule is based on the rationale that such is... Immediately after the declarant & # x27 ; s availability admissible under exception! X27 ; s what you need to know about those exceptions and keep their records..

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