Rule 806. Attacking and supporting the credibility of declarant
Rule 806. Attacking and supporting the credibility of declarant. When a hearsay statement, or a statement defined by Rule 801(d)(2)(C), (D), or (E) 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 the declarant had testified […]
Rule 804. Hearsay exceptions: declarant unavailable
Rule 804. Hearsay exceptions: declarant unavailable. (a) Definition of unavailability. Unavailability as a witness includes situations in which the declarant: (1) is exempted by ruling of the court on the ground of privilege from testifying concerning the subject matter of the declarant’s statement; or (2) persists in refusing to testify concerning the subject matter of the declarant’s statement despite an […]
Rule 805. Hearsay within hearsay
Rule 805. Hearsay within hearsay. Hearsay included within hearsay is not excluded under the hearsay rule if each part of a combined statement conforms with an exception to the hearsay rule provided in these rules. History: Ad. Sup. Ct. Ord. 12729, Dec. 29, 1976, eff. July 1, 1977.
Rule 801. Definitions
Rule 801. Definitions. The following definitions apply under this article: (a) Statement. A statement is (1) an oral or written assertion or (2) nonverbal conduct of a person, if it is intended by the person as an assertion. (b) Declarant. A declarant is a person who makes a statement. (c) Hearsay. Hearsay is a statement, other than one made by […]
Rule 802. Hearsay rule
Rule 802. Hearsay rule. Hearsay is not admissible except as otherwise provided by statute, these rules, or other rules applicable in the courts of this state. History: Ad. Sup. Ct. Ord. 12729, Dec. 29, 1976, eff. July 1, 1977.
Rule 803. Hearsay exceptions: availability of declarant immaterial
Rule 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. A statement relating to […]