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The Rule Against Hearsay and Its Exceptions (Litigator Series)

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THIS CASEBOOK contains a selection of 34 U S Court of Appeals decisions that analyze and interpret the rule against hearsay and its exceptions The selection of decisions spans from 2012 to the date of publicationGenerally, a statement made by a person while not testifying at the current trial, offered by that person to prove the truth of the matter asserted in his statement, is hearsay See FedREvid 801(a)(c) Hearsay generally is inadmissible if it does not fall within an exception provided by Rule 803 or 804 See FedREvid 802 Rule 803 provides an exception fora statement of the declarant's thenexisting 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 FedREvid 803(3) (emphasis added) US v Gupta, 747 F 3d 111 (2nd Cir 2014)However, the fact that a statement falls within an exception to the hearsay rule