What is a hearsay memorandum?

Answer 1

This MAY apply to an exception to the hearsay rule which are listed below and may include:

1. a statement by the opposing party in the lawsuit which is inconsistent with what he/she has said in court
2. business entries made in the regular course of business, when a qualified witness can identify the records and tell how they were kept
3. official government records which can be shown to be properly kept
4. a writing about an event made close to the time it occurred, which may be used during trial to refresh a witness's memory about the event
5. a "learned treatise" (historical works, scientific books, published art works, maps and charts)
6. judgments in other cases
7. a spontaneous excited or startled utterance
8. ) contemporaneous statement which explains the meaning of conduct if the conduct was ambiguous
9. a statement which explains a person's state of mind at the time of an event
10. a statement which explains a person's future intentions
11. prior testimony under oath
12. a declaration by the opposing party in the lawsuit which was contrary to his/her best interest if the party is not available at trial
13. a dying declaration by a person believing he/she is dying
14. a statement made about one's mental set, feeling, pain or health, if the person is not available-most often applied if the declarant is dead
15. a statement about one's own willtestimony has surrounding circumstances indicating that it must be reliable.
16. other exceptions based on a judge's discretion that the hearsay