exception to the hearsay rules
, but because--having been created
88) There are about thirty exceptions to the hearsay rule
, but only a
The article will then briefly discuss, in Part IV, the hearsay rule
and some of the exceptions that have been the subject of confusion for appellate courts.
137) If a court finds statements to a SANE were made with a primary medical purpose, the statements would be non-testimonial and thus potentially admissible subject only to hearsay rules
253) The centuries-old approach of admitting hearsay under exceptions based on reliability and necessity implies the weakness of Crawford's treatment of reliability as irrelevant, since the history of the hearsay rule
and the Confrontation Clause are intertwined, even if they are not identical.
Crawford separated the hearsay rules
from the confrontation rights); see
The trial court barred introduction of the deposition, but certified the question, "Whether the Estate of a deceased party can introduce the discovery deposition of the deceased party as evidence at trial as an exception to the hearsay rule
under [Rule] 212(a)(3) in light of the language in [Rule] 212(a)(5).
It will only be admissible if it qualifies as an exception to the hearsay rule
as provided in the Law of Evidence Amendment Act (Hofman, 2006, p.
Parts II and III of the Article explain why the hearsay rule
serves as an essential barrier to conviction and why cross-examination and confrontation are indispensable to exposing flaws in the credibility of witnesses.
After examining and rejecting several theories for the admissibility of party statements for reasons other than as exceptions to the hearsay rule
, (61) Professor Edmund M.
As courts continue to define the contours of the Sixth Amendment, the same concerns that led the Court to sever the hearsay rule
from the Confrontation Clause will eventually require it to address whether the admission of testimonial summary exhibits raises Confrontation Clause concerns when the defendant is not afforded the opportunity to confront the individuals who made the assertions contained in the summaries.
The doctrine is one of six exceptions to the hearsay rule
under the Federal Rules of Evidence.