8.01. Admissibility of Hearsay (1) (a) Hearsay is not admissible unless it falls within an exception to the hearsay rule as provided by decisional law or statute and is permissible under the Federal Constitution and New York Constitution as provided in rule 8.02, or as provided in subdivision (1)(b) below. Hearsay Exceptions Cheat Sheet. Definitions: Hearsay- an out of court statement, offered to prove the truth of the matter asserted. Declarant- person who originally made the statement. Not Hearsay: 1. Prior Inconsistent Statement 2. Admission by Defendant or Party Opponent Hearsay but Exception: 1. Present Sense Impression 2. Excited Utterance 3.
HEARSAY OBJECTIONS AND EXCEPTIONS By Simon H. Bloom & Ryan E. Harbin . Bloom Sugarman, LLP . The analysis of a hearsay problem—whether you’re thinking as the proponent of a statement or planning your objections—comes down to three questions. Firs, is the statement being offered to prove the truth of the matter asserted? HOW WILL I GET THIS EVIDENCE IN?!" ... E. Hearsay 17 F. Need For Original 20 ... "Cheat Sheet"—Evidentiary Foundations Question By Question 40 .