The third basic concept involves the Hearsay Exceptions (MRE/FRE 801 [not hearsay], 803-804). An out of court statement offered to prove the truth of the matter asserted is not admissible unless you can point to a rule. The primary openings for hearsay to be admitted are:
1. Admissions of party opponent.
2. Prior statements by witnesses under oath at hearing/deposition.
3. Business and medical records.
4. Public records.
5. Excited utterances and statements of present sense impression.
Hearsay exceptions
- A brother’s number one fan
- Witnesses