US Lawyer Database

Art. 806. Attacking and supporting credibility of declarant

Art. 806. Attacking and supporting credibility of declarant When a hearsay statement, or a statement defined in Article 801(D)(2)(c) or (D)(3), has been admitted in evidence, the credibility of the declarant may be attacked, and if attacked may be supported, by any evidence which would be admissible for those purposes if declarant had testified as […]

Art. 801. Definitions

CHAPTER 8 HEARSAY Art. 801. Definitions The following definitions apply under this Chapter: A. Statement. A “statement” is: (1) An oral or written assertion; or (2) Nonverbal conduct of a person, if it is intended by him as an assertion. B. Declarant. A “declarant” is a person who makes a statement. C. Hearsay. “Hearsay” is […]

Art. 802. Hearsay rule

Art. 802. Hearsay rule Hearsay is not admissible except as otherwise provided by this Code or other legislation. Acts 1988, No. 515, §1, eff. Jan. 1, 1989.

Art. 803. Hearsay exceptions; availability of declarant immaterial

Art. 803. Hearsay exceptions; availability of declarant immaterial The following are not excluded by the hearsay rule, even though the declarant is available as a witness: (1) Present sense impression. A statement describing or explaining an event or condition made while the declarant was perceiving the event or condition, or immediately thereafter. (2) Excited utterance. […]

Art. 803.1. Hearsay exceptions; foreign records of regularly conducted activity

Art. 803.1. Hearsay exceptions; foreign records of regularly conducted activity A.(1) Except as otherwise provided by this Code, in a criminal proceeding, a foreign record of regularly conducted activity, or a copy of such record, shall not be excluded as evidence by the hearsay rule if a foreign certification attests to the following: (a) Such […]

Art. 804. Hearsay exceptions; declarant unavailable

Art. 804. Hearsay exceptions; declarant unavailable A. Definition of unavailability. Except as otherwise provided by this Code, a declarant is "unavailable as a witness" when the declarant cannot or will not appear in court and testify to the substance of his statement made outside of court. This includes situations in which the declarant: (1) Is […]

Art. 805. Hearsay within hearsay

Art. 805. Hearsay within hearsay Hearsay included within hearsay is not excluded under the hearsay rule if each part of the combined statements conforms with an exception to the hearsay rule provided by legislation. Acts 1988, No. 515, §1, eff. Jan. 1, 1989.