position of the
hearsay rule and its other exceptions--that absence of
Mary Morton, The
Hearsay Rule and Epistemological Suicide, 74
The term "data compilation" makes one of its rare appearances in Article VIII of the FRE, and is expressly included as a record of a regularly conducted activity under the business records exception to the
hearsay rule.
exception to the
hearsay rules, but because--having been created
The
hearsay rule thus furnishes the prime example of the complexity-aggravating tendencies of the additive method.
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.
5) Wigmore on Evidence, vol 5, 3d ed (Boston:Little, Brown and Company, 1940) "Future of the
Hearsay Rule and its Exceptions", [section]1427.
The operator had signed a certificate describing the test and reporting the instrument-produced results, and the trial court admitted it under the business records exception to the
hearsay rule.
Thankfully, there are a number of well-settled exceptions to the
hearsay rule that will generally allow documents generated in public health investigations to be admitted.
The excited utterance exception to the
hearsay rule is based on the experience that, under certain external circumstances of physical shock, a stress of nervous excitement may be produced which stills the reflective faculties and removes their control, so that the utterance which then occurs is a spontaneous and sincere response to the actual sensations and perceptions already produced by the external shock.
Part I explores the evolution of the modern present sense impression exception to the
hearsay rule and highlights the central role of corroboration by a percipient witness in the advocacy leading up to the adoption of the exception.
