UTMT Workshop (Hearsay)

This rule number defines hearsay:

Hearsay is:

• A statement which is being used for the truth of the matter asserted

• Any out of court statement

• An out of court statement which is believed to be untrue

• An out of court statement being used for the truth of the matter asserted

True/False: If an out-of-court statement is used for a purpose which is NOT the truth of the matter asserted, it may be admitted

• True

• False

Which of the following are reasons an out of court statement may be used

• For the effect on the listener

• For the fact that the declarant believed it to be true

• To prove that the statement is true

• For impeachment purposes

• To prove subsequent action

This rule number defines the party opponent's statements as NOT Hearsay

This rule number covers the rule against hearsay:

This rule number covers the exceptions to the rule against hearsay

A present sense impression, under rule 803(1), is a hearsay statement made...

• about a startling event, while under the stress of that event

• about something that can be sensed

• about something that the declarant was presently sensing while the statement was made

This rule number allows hearsay which was declared as an excited utterance

True/False: A hearsay statement is an excited utterance when it relates to a startling condition WHILE the declarant was under the stress caused by that condition

• True

• False