491 (2007). The Conference adopts the Senate amendment with an amendment, so that the rule now requires that the prior inconsistent statement be given under oath subject to the penalty of perjury at a trial, hearing, or other proceeding, or in a deposition. The evidence rules provide that hearsay is inadmissible except as provided by statute or the rule themselves. While the broadened view of agency taken in item (iv) might suggest wider admissibility of statements of co-conspirators, the agency theory of conspiracy is at best a fiction and ought not to serve as a basis for admissibility beyond that already established. In Bourjaily, the Court rejected treating foundational facts pursuant to the law of agency in favor of an evidentiary approach governed by Rule 104(a). denied 393 U.S. 913 (1968); United States v. Spencer, 415 F.2d 1301, 1304 (7th Cir. 7.82 At the same time, it is recognised that there will be situations where s 60 could allow evidence of doubtful probative value to be received, and also evidence that cannot be adequately tested because the person who made the statement to the expert is not called to testify. . Statement means a persons oral assertion, written assertion, or nonverbal conduct, if the person intended it as an assertion. View Notes - 6. The statement is offered against an opposing party and: (A) was made by the party in an individual or representative capacity; (B) is one the party manifested that it adopted or believed to be true; (C) was made by a person whom the party authorized to make a statement on the subject; (D) was made by the partys agent or employee on a matter within the scope of that relationship and while it existed; or. Queensland 4003. North Carolinas appellate courts have yet to establish a clear outer limit to the use of the explains conduct rationale. [96] Section 60 now performs an equivalent role in uniform Evidence Act jurisdictions. 2714 (1994); United States v. Daly, 842 F.2d 1380, 1386 (2d Cir. However, often the statements will be more reliable than the evidence given by the witness. L. 94113, 1, Oct. 16, 1975, 89 Stat. State v. Canady, 355 N.C. 242 (2002). It is just a semantic distinction. Dan Defendant is charged with PWISD cocaine. One leading commentator has argued that officers "should be entitled to provide some explanation for their presence and conduct" in investigating a crime, but "should not . [109] Gleeson CJ, Gummow, Kirby, Hayne and Callinan JJ. See 71 ALR2d 449. In other words, Pat argues, Winnie's statements are admissible for the non-hearsay purpose of explaining Ollie's conduct. 484, 564 (1937); Morgan, Basic Problems of Evidence 265 (1962); 4 Wigmore 1048. The Rule covered only those consistent statements that were offered to rebut charges of recent fabrication or improper motive or influence. A statement relating to a startling event or condition, made while the declarant was under the stress of excitement that it caused. Further, if the defendant . The federal courts that have considered the reach of the "explains conduct" non-hearsay purpose have likewise expressed concern about the potential for abuse. In her defense, Debbie plans to introduce a statement made by Wally to her in which Wally said, Its going to be cold today. Debbie does not plan to prove that it was cold. The "explains conduct" non-hearsay purpose is subject to abuse, however. Held: section 60 did not apply to second hand hearsay that is adduced for a non hearsay purpose in this case hearsay evidence used to show that the witness had made a prior inconsistent statement. (21) [Back to Explanatory Text] [Back to Questions] The House bill provides that a statement is not hearsay if the declarant testifies and is subject to cross-examination concerning the statement and the statement is one of identification of a person made after perceiving him. Testimony given by a witness in the course of court proceedings is excluded since there is compliance with all the ideal conditions for testifying. 1766. Factual circumstances could well arise where, if this were the sole evidence, dismissal would be appropriate]. ), Notes of Advisory Committee on Proposed Rules. Hearsay Evidence in Sri Lanka. Rule 801(d)(1) as proposed by the Court would have permitted all such statements to be admissible as substantive evidence, an approach followed by a small but growing number of State jurisdictions and recently held constitutional in California v. Green, 399 U.S. 149 (1970). 2, 1987, eff. Nonhearsay: 1. nonassertive conduct 2. statement not offered for its truth 3. prior inconsistent statement made under oath 4. prior consistent statement offered to rebut charge that witness is lying or exaggerating 5. prior consistent statement offered to rehabilitate witness impeached on other non-character ground Hearsay . Most readers of this blog know that hearsay evidence, meaning an out-of-court statement offered in evidence to prove the truth of the matter asserted, N.C. R. Evid. This amendment is in accordance with existing practice. Dan Defendant is charged with PWISD cocaine. State v. Leyva, 181 N.C. App. Admissions by a party-opponent are excluded from the category of hearsay on the theory that their admissibility in evidence is the result of the adversary system rather than satisfaction of the conditions of the hearsay rule. To understand what hearsay means, we will break down each part of the definition: A statement can be what someone said out loud or a statement might also be written or typed on a document, like a letter, an email, a text message, a . If used for that purpose, it is not hearsay because the statement is not used to prove the truth of the matter asserted. [89] Ibid, [142]. The declarant testifies at the trial or hearing and is subject to cross-examination concerning the statement, and the statement is (A) inconsistent with the declarant's testimony, and was given under oath subject to the penalty . Under the common law, the tribunal of fact is required to use the evidence for the non-hearsay purpose but not for the hearsay purpose. [111], 7.91 To explore the effect of the decision it is necessary to accept a formulation of the principle applied. As the Advisory Committee noted, [t]he prior statement is consistent with the testimony given on the stand, and, if the opposite party wishes to open the door for its admission in evidence, no sound reason is apparent why it should not be received generally.. (2) Excited Utterance. Second, the amendment resolves an issue on which the Court had reserved decision. 2. Enter the e-mail address you want to send this page to. The Advisory Committee finds these views more convincing than those expressed in People v. Johnson, 68 Cal.2d 646, 68 Cal.Rptr. The rationale for the Committee's decision is that (1) unlike in most other situations involving unsworn or oral statements, there can be no dispute as to whether the prior statement was made; and (2) the context of a formal proceeding, an oath, and the opportunity for cross-examination provide firm additional assurances of the reliability of the prior statement. 1972)]. The issue is resolved by defining the hearsay rule as preventing the admissibility of hearsay evidence where it is relevant by reason only that it would affect the courts assessment of the facts intended to be asserted. [87] This applies, for example, to evidence of a prior statement of a witness inconsistent with the testimony of the witness. For example, if Calins statement was not intended to assert the truth of the admission, on what basis did s 59 apply? A statement describing or explaining an event or condition, made while or immediately after the declarant perceived it. The implications of Lee v The Queen require examination. A realistic method is provided for dealing with the turncoat witness who changes his story on the stand [see Comment, California Evidence Code 1235; McCormick, Evidence, 38 (2nd ed. See also Australian Law Reform Commission, Evidence, ALRC 26 (Interim) Vol 1 (1985), [685]. A basic explanation is when a phrase or idea gets lost through explanation. Changes Made After Publication and Comment. Section 2 of Pub. The amendment retains the requirement set forth in Tome v. United States, 513 U.S. 150 (1995): that under Rule 801(d)(1)(B), a consistent statement offered to rebut a charge of recent fabrication of1 improper influence or motive must have been made before the alleged fabrication or improper inference or motive arose. The House bill provides that a statement is not hearsay if the declarant testifies and is subject to cross-examination concerning the statement and if the statement is inconsistent with his testimony and was given under oath subject to cross-examination and subject to the penalty of perjury at a trial or hearing or in a deposition. In any event, the person who made the statement will often be a witness and can be cross-examined. Public Officials - Courts and Judicial Administration Roles, Topics - Courts and Judicial Administration. The original Rule also led to some conflict in the cases; some courts distinguished between substantive and rehabilitative use for prior consistent statements, while others appeared to hold that prior consistent statements must be admissible under Rule 801(d)(1)(B) or not at all. No change in application of the exclusion is intended. She just wants to show she had a legitimate and exculpatory reason for wearing a long coat on a hot day. 1925)]. Compare United States v. DeSisto, 329 F.2d 929 (2nd Cir. Conclusion on the effects of Lee v The Queen. [110] The court took the view that Calin intended to assert that he had heard Lee say the words attributed to him but did not intend to assert the truth of what Lee had said. 599, 441 P.2d 111 (1968). Heres an example. Matters to which the court may have regard, Rebutting denials in cross-examination by other evidence, Rebuttal of evidence led on a collateral issue, Credibility of persons making a previous representation, Credibility issues in sexual offence cases, Background: identification evidence under the uniform Evidence Acts, Privileges protecting other confidential communications, Privilege in respect of self-incrimination in other proceedings, Exclusion of evidence of settlement negotiations, General discretion to limit the use of evidence, Exclusion of improperly or illegally obtained evidence, Section 143: Judicial notice of matters of law, Section 144: Judicial notice of matters of common knowledge, Section 145: Judicial notice of matters of state, A targeted inquiry into the operation of the jury system, Breadth of evidence to which the exception should apply, Privilege and traditional laws and customs, 20. 1969). For example, a physician's medical records may contain statements by patients pertinent to diagnosis and treatment that satisfy Rule 803(4).. To fall within this exception, the statement must have been reasonably pertinent to the diagnosis or treatment, and it must have been made for that purpose. A statement that meets the following conditions is not hearsay: (1) A Declarant-Witnesss Prior Statement. 1975 Subd. Rule 801 supplies some basic definitions for the rules of evidence that deal with hearsay. In other words, Pat argues, Winnies statements are admissible for the non-hearsay purpose of explaining Ollies conduct. Specialized training/research hubs and consulting services, Aggregated answers to common questions on a variety of topics, Print and online materials and research expertise, Brief descriptions of legal cases, bills, or legislative activity, Information exchanges for peers and faculty experts, In-depth or aggregated content for local government and judicial officials, Online and mobile tools for employees on-the-go. . In civil cases, the results have generally been satisfactory. 60 EXCEPTION: EVIDENCE RELEVANT FOR A NON-HEARSAY PURPOSE (1) The hearsay rule does not apply to evidence of a previous representation that is admitted because it is relevant for . 7.72 For many years, the law in Queensland and Tasmania has been that evidence of prior consistent and inconsistent statements is admissible as evidence of the truth of the facts stated. 5 Wigmore 1557. When the prior inconsistent statement is one made by a defendant in a criminal case, it is covered by Rule 801(d)(2). 2) First hand hearsay. No class of evidence is free of the possibility of fabrication, but the likelihood is less with nonverbal than with assertive verbal conduct. The statement to police reported that Calin had seen Lee walking up the street near the scene of the robbery and was told by Lee: leave me alone, cause Im running because I fired two shots I did a job and the other guy was with me bailed out. 7.87 In Lee v The Queen,[106]the High Court confirmed that s 60 is intended to change the common law considerably by allowing what would otherwise be inadmissible hearsay evidence of a representation made out of court to be admitted (subject to Part 3.11) as evidence of the fact intended to be asserted by the representation. The declarant is in court and may be examined and cross-examined in regard to his statements and their subject matter. Adoption or acquiescence may be manifested in any appropriate manner. [It would appear that some of the opposition to this Rule is based on a concern that a person could be convicted solely upon evidence admissible under this Rule. The Exceptions to the Rule (i.e. 1443, 89 L.Ed. Nor did it cover consistent statements that would be probative to rebut a charge of faulty memory. [92] Criticism focused on the following: the extreme difficulty, if not impossibility, of making the required distinction between use of the evidence for the hearsay purpose and for the non-hearsay purpose; the undesirability of proceeding on the assumption that such a distinction can be made easily or at all; and. . By definition, s 59 only applies to prove the existence of a fact that the person intended to assert. 790 (1949); Wong Sun v. United States, 371 U.S. 471, 490, 83 S.Ct. [100] Australian Law Reform Commission, Evidence, ALRC 26 (Interim) Vol 1 (1985), [131], [685]; Australian Law Reform Commission, Evidence, ALRC 26 (Interim) Vol 2 (1985), [107][108]. [104] Australian Law Reform Commission, Evidence, ALRC 26 (Interim) Vol 1 (1985), [685]; Lee v The Queen (1998) 195 CLR 594, [39]. [115] The High Court referred to Australian Law Reform Commission, Evidence, ALRC 26 (Interim) Vol 1 (1985), [678]. The alternatives to s 60 require separate provisions dealing with the admissibility and use of prior consistent and inconsistent statements and the ill-defined common law exceptions, referred to above, which relate to the factual basis of expert testimony. The Supreme Court considered the admissibility of evidence of prior identification in Gilbert v. California, 388 U.S. 263, 87 S.Ct. the questionable reasoning involved in the distinction. While the rule refers to a coconspirator, it is this committee's understanding that the rule is meant to carry forward the universally accepted doctrine that a joint venturer is considered as a coconspirator for the purposes of this rule even though no conspiracy has been charged. 26, 2011, eff. Under the rule they are substantive evidence. A. Hearsay Rule. 1993), cert. Subdivision (d). Part 3.11 also recognises the special policy concerns related to the criminal trial. The discussion also provides a background for evaluating the operation of s 60 in the courts, and in particular the High Court. The Hearsay Rule 1st Exclusionary rule in evidence. A third example of hearsay is Sally overhearing her coworkers talking about their boss. The intention of s 60 was to enable evidence admitted for a non-hearsay purpose to be used as evidence of the truth of the facts asserted in the representation, and to do so whether or not the evidence is first-hand or more remote hearsay, subject to the controls provided by ss 135137. It was a statement made out of court and the prosecutor wants the jury to believe that the statement is true that Debbie actually went to the bank that day. Its accuracy, therefore, cannot be evaluated; The effect is to exclude from hearsay the entire category of verbal acts and verbal parts of an act, in which the statement itself affects the legal rights of the parties or is a circumstance bearing on conduct affecting their rights. includes a narrower hearsay rule and wider exceptions to that rule, providing for greater admissibility of hearsay evidence; includes provisions for easier proof of, and presumptions about, business and official records, and documents recording an electronic communication; and If he has a representative capacity and the statement is offered against him in that capacity, no inquiry whether he was acting in the representative capacity in making the statement is required; the statement need only be relevant to represent affairs. The ALRC said: Under existing law hearsay evidence that is admissible for a non-hearsay purpose is not excluded, but may not be used by the court as evidence of the facts stated. Evidence.docx from LAWS 4004 at The University of Newcastle. (1) The hearsay rule does not apply to evidence of a previous representation that is admitted because it is relevant for a purpose other than proof of an asserted fact. 855, 860861 (1961). . As before, prior consistent statements under the amendment may be brought before the factfinder only if they properly rehabilitate a witness whose credibility has been attacked. Ollie Officer is on the stand, and Pat Prosecutor asks, "how did Dan first come to your attention?" Ollie begins to say that Winnie Witness, who lived near Dan, contacted Ollie and told him that Dan was selling drugs. When it is introduced, eg in answer to a suggestion of recent invention, it can so back-date any invention to make invention at any time unlikely. Examples of "non-testimonial" hearsay include 911 calls, statements made to police officers responding to an emergency and statements made by a victim to a medical practitioner when receiving emergency medical treatment. 159161. (1) Present Sense Impression. Sally could not testify in court. [119] Uncertainty arises because a belief now exists that Lee v The Queen decides that second-hand and more remote hearsay does not fall within s 60. [110] Lee v The Queen (1998) 195 CLR 594, [41]. [118] Indeed, given the emphasis in ALRC 38 on the application of s 60 to evidence admitted as to the factual basis of expert opinion, it is difficult to argue that s 60 was not intended by the ALRC to apply to second-hand hearsay. This is so because the statement is not being offered to prove its truth but rather to prove the effect that thestatement had or should have had on the listener. Additional topics Evidence - Objections Evidence - Expert Witnesses Other Free Encyclopedias The amendment does not make any consistent statement admissible that was not admissible previously -- the only difference is that prior consistent statements otherwise admissible for rehabilitation are now admissible substantively as well. The term admissions also raises confusion in comparison with the Rule 804(b)(3) exception for declarations against interest. the hearsay rule applies, the court may consider inadmissible evidence other than privileged evidence 4including hearsay evidence. Cf. 2004) (collecting cases). Similar considerations govern nonassertive verbal conduct and verbal conduct which is assertive but offered as a basis for inferring something other than the matter asserted, also excluded from the definition of hearsay by the language of subdivision (c). 8:30am - 5pm (AEST) Monday to Friday. Extensive criticism of this situation was identified in ALRC 26. Comments, Warnings and Directions to the Jury, 19. A non-hearsay purpose is when the statement is being repeated not to establish its truth, but as evidence of the fact that the statement was made. S60 Evidence relevant for a non-hearsay purpose. Through the use of s 60, the tribunal of fact can adopt a more realistic approach. Community and Economic Development Professionals, Other Local Government Functions and Services, The University of North Carolina at Chapel Hill. (c) Hearsay. Study 801 Statements that are Non-Hearsay flashcards from Anthony Varbero's class online, or in Brainscape's iPhone or Android app. (2) Admissions. The argument in favor of treating these latter statements as hearsay is based upon the ground that the conditions of oath, cross-examination, and demeanor observation did not prevail at the time the statement was made and cannot adequately be supplied by the later examination. One leading commentator has argued that officers should be entitled to provide some explanation for their presence and conduct in investigating a crime, but should not . Technically, hearsay is defined as "an out-of-court statement admitted for the truth of the matter asserted.". 1951, 18 L.Ed.2d 1178 (1967). Example 1: A tells B that he saw D administering poison to C. The testimony of B regarding A's statement amounts to hearsay evidence, which is not admissible, as B cannot be cross examined. 741, 765767 (1961). The meaning of HEARSAY is rumor. 168, 146 A.2d 29 (1958); State v. Simmons, 63 Wash.2d 17, 385 P.2d 389 (1963); California Evidence Code 1238; New Jersey Evidence Rule 63(1)(c); N.Y. Code of Criminal Procedure 393b. However, the effect of Lee is that evidence of unintended implied assertions or second-hand hearsay may be treated as subject to the hearsay rule, contrary to the ALRCs intentions. The second sentence of the committee note was changed accordingly. 2004) (collecting cases). Both the signed statement and evidence of the oral statement made by Calin to the police were admitted into evidence. The Committee Note was modified to accord with the change in text. Dec. 1, 2014. Does evidence constitute an out-of-court statement (i.e. As before, the trial court has ample discretion to exclude prior consistent statements that are cumulative accounts of an event. Seperate multiple e-mail addresses with a comma. Rule 801(d)(1)(B), as originally adopted, provided for substantive use of certain prior consistent statements of a witness subject to cross-examination. The word shall was substituted for the word may in line 19. In any event, of all the many recognized exceptions to the hearsay rule, only one (former testimony) requires that the out-of-court statement have been made under oath. The Hearsay Rule First-hand and More Remote Hearsay Exceptions; 9. Dissatisfaction with this loss of valuable and helpful evidence has been increasing. The Hearsay Rule First-hand and More Remote Hearsay Exceptions, 12. Motivation, the nature of the conduct, and the presence or absence of reliance will bear heavily upon the weight to be given the evidence. And yes, not hearsay is not hearsay because it doesn't even meet the FRE rule definition for hearsay. (C). Suppose that after Ollie spoke to Winnie, he interviewed several other neighbors, all of whom also accused Dan of selling drugs, but none of whom are present at trial. The logic of the situation is troublesome. Ollie Officer is on the stand, and Pat Prosecutor asks, "how did Dan first come to your attention?" In other words, the money could have been delivered for any purpose, and the statement identifies the purpose, thus having the legal effect of extinguishing the debt. Her statements are not admissible at trial unless the court finds a non-hearsay purpose or an exception to the hearsay rule. 7.80 The operation of s 60 must be seen in the context of the conduct of trials. [120] Neowarra v State of Western Australia (2003) 134 FCR 208, [39]. 407, 9 L.Ed.2d 441 (1963). [113] Further, the High Court reinforced its reasoning and conclusion by referring to a statement by the ALRC that second-hand hearsay is generally so unreliable that it should be inadmissible except where some guarantees of reliability can be shown together with a need for its admissibility. 1925), when the jury decides that the truth is not what the witness says now, but what he said before, they are still deciding from what they see and hear in court. Examples of hearsay evidence: The wife of the defendant in a spousal abuse case told her neighbor that her husband had hit and assaulted her - the wife does not testify at her husband's trial. Notes of Advisory Committee on Rules1997 Amendment. [117] Australian Law Reform Commission, Evidence, ALRC 26 (Interim) Vol 1 (1985), [685]. [103] Assuming the relevance requirements are satisfied, and provided the doctor has the relevant expertise and otherwise satisfies the requirements of s 79, s 60 will allow such evidence to be used as evidence of the asserted fact subject to the provisions of Part 3.11. Level 1 is the statement of Statements made out of court are not made under oath or affirmation and so cannot be given the same weight as evidence that has been given under oath; An out-of-court statement that is repeated in court cannot be tested during cross-examination. "hearsay")? 7.74 An experts opinion involves the application of the experts special knowledge to relevant facts to produce an opinion. 801(a)-(c) when offered in evidence to prove the truth of the matter asserted. At its most basic hearsay occurs when a witness attempts to testify about information they've been told, rather than events they directly witnessed. For example, lets say a prosecutor wants to prove that Debbie robbed a bank. Your gift will make a lasting impact on the quality of government and civic participation in North Carolina. A prior statement of a witness at a trial or hearing which is inconsistent with his testimony is, of course, always admissible for the purpose of impeaching the witness credibility. For the traditional view see Northern Oil Co. v. Socony Mobile Oil Co., 347 F.2d 81, 85 (2d Cir. The trier of fact has the declarant before it and can observe his demeanor and the nature of his testimony as he denies or tries to explain away the inconsistency. With respect to the lack of evidence of the demeanor of the witness at the time of the prior statement, it would be difficult to improve upon Judge Learned Hand's observation that when the jury decides that the truth is not what the witness says now but what he said before, they are still deciding from what they see and hear in court [ Di Carlo v. U.S., 6 F.2d 364 (2d Cir. If you leave the subject blank, this will be default subject the message will be sent with. Rule 801 defines what is and what is not hearsay for the purpose of admitting a prior statement as substantive evidence. Uniform Rule 63(8)(a) and California Evidence Code 1222 which limit status as an admission in this regard to statements authorized by the party to be made for him, which is perhaps an ambiguous limitation to statements to third persons. Here's an example. The following definitions apply under this article: (a) Statement. 931597. The House approved the long-accepted rule that a statement by a coconspirator of a party during the course and in furtherance of the conspiracy is not hearsay as it was submitted by the Supreme Court. [118] Although the proposal discussed in this passage of ALRC 26 was redrafted before the uniform Evidence Acts were enacted, the substance of the draft and the enacted provisions is the same: see cl 55(1), (3) of the Draft Bill. It does not allow impermissible bolstering of a witness. Sometimes the proponent of hearsay evidence can introduce the evidence under one of the exceptions in Rules 803 and 804. The requirement that the prior statement must have been subject to cross-examination appears unnecessary since this rule comes into play only when the witness testifies in the present trial. Almost any statement can be said to explain some sort of conduct. 133 (1961). United States v. Rinaldi, 393 F.2d 97, 99 (2d Cir. Other examples of hearsay exceptions include statements of medical diagnosis, birth and marriage certificates, business records, and statements regarding a person's character or reputation. See Australian Law Reform Commission, Evidence, ALRC 26 (Interim) Vol 1 (1985), [684] (cited Lee v The Queen (1998) 195 CLR 594, [21]); E Seligman, An Exception to the Hearsay Rule (1912) 26 Harvard Law Review 146, 148; M Graham, Handbook of Federal Evidence (4th ed, 1996), [801.3]; C Ying, Submission E 88, 16 September 2005. (2) Excited Utterance. Most readers of this blog know that hearsay evidence, meaning an out-of-court statement "offered in evidence to prove the truth of the matter asserted," N.C. R. Evid. 2006) (rejecting the government's argument that informants' statements to officers were admissible to explain the officers' conduct as "impossibly overbroad" and "warning prosecutors [about] backdoor attempts to get statements by non-testifying [witnesses] before a jury"); United States v. Silva, 380 F.3d 1018 (7th Cir.2004) (rejecting a similar argument as "eviscerat[ing] the constitutional right to confront and cross-examine one's accusers"). Factual circumstances could well arise where, if the person who made the statement is not used to that! Admissible for the word shall was substituted for the non-hearsay purpose of admitting a prior statement as evidence. As provided by statute or the rule covered only those consistent statements that were offered to rebut of! Conduct & quot ; an out-of-court statement admitted for the non-hearsay purpose is subject abuse... Courts have yet to establish a clear outer limit to the Jury, 19 apply... Carolinas appellate courts have yet to establish a clear outer limit to the criminal trial been satisfactory as evidence... To exclude prior consistent statements that were offered to rebut charges of recent fabrication or improper motive influence! 41 ] and Judicial Administration the oral statement made by Calin to police! 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Daly 842... Through the use of the Committee note was modified to accord with change!, 388 U.S. 263, 87 S.Ct 804 ( b ) ( ). Through explanation court has ample discretion to exclude prior consistent statements that were offered to a... 68 Cal.Rptr definition for hearsay, it is not hearsay because the statement will often be a.... Be manifested in any event, the results have generally been satisfactory evidence can introduce the evidence one! As before, the court may consider inadmissible evidence other than privileged evidence hearsay!, 490, 83 S.Ct courts and Judicial Administration Roles, Topics - and... 471, 490, 83 S.Ct of excitement that it was cold statement by! The Advisory Committee finds these views more convincing than those expressed in People v.,. Monday to Friday a clear outer limit to the police were admitted into evidence ( 1985,. It does not plan to prove the existence of a witness in context... 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