Evid. [Cal. US v. Oates Evid. Example: Lets return to Raymond from our previous example, who is on trial for burglary. 46. A criminal record can affect job, immigration, licensing and even housing opportunities. Evid. (Evidence of a statement made by a dying person respecting the cause and circumstances of his death is not made inadmissible by the hearsay rule if the statement was made upon his personal knowledge and under a sense of immediately impending death.), Evidence Code 1250 Statement of declarants then existing mental or physical state. Fitzpatrick was charged with murder. The 802. App. [Cal. Code 1250] (a) Subject to Section 1252, evidence of a statement of the declarant's then existing state of mind, emotion, or physical sensation (including a statement of intent, plan, motive, design, mental feeling, pain, or bodily health) is not made inadmissible by the hearsay rule when: We do not handle any of the following cases: And we do not handle any cases outside of California. Evidence Code 1320 Reputation concerning community history [hearsay exception], endnote 17, above. (5) The statement is supported by corroborative evidence. The prosecution calls Maria as a witness. Hearsay exceptions when the declarant is unavailable) (1), the declarant shall be considered "unavailable" if the declarant has a substantial lack of memory of the subject matter of the statement, is presently incompetent to testify, is unable . ((a) Except as provided in this section and in Sections 1102, 1103, 1108, and 1109, evidence of a persons character or a trait of his or her character (whether in the form of an opinion, evidence of reputation, or evidence of specific instances of his or her conduct) is inadmissible when offered to prove his or her conduct on a specified occasion.). However, they also must be unavailable to testify for this exception to apply.34, Evidence Code 1235 EC makes an exception to the hearsay rule for evidence of out-of-court statements made by a witness that are inconsistent with his/her testimony in the case.35, However, even these inconsistent statements usually can only be admitted as evidence if. (Unless the interests of justice otherwise require, extrinsic evidence of a statement made by a witness that is inconsistent with any part of his testimony at the hearing shall be excluded unless: (a) The witness was so examined while testifying as to give him an opportunity to explain or to deny the statement; or (b) The witness has not been excused from giving further testimony in the action.), Evidence Code 1236 Prior consistent statements. The exception does not permit a hearsay statement to demonstrate the state of of mind of someone other than the delarant. Child abuse and child neglect, for purposes of this section, have the meanings provided in subdivision (c) of Section 1360. Evidence Code 1291 Former testimony offered against party to former proceeding [hearsay exception], endnote 16, above. Authorized Admissions Cal. ((a) Hearsay evidence is evidence of a statement that was made other than by a witness while testifying at the hearing and that is offered to prove the truth of the matter stated. D EFINITION The California Evidence Code and the Federal Rules of Evidence prohibit the use of hearsay, unless otherwise provided. D. Relevance. (b)The writing was made at or near the time of the act, condition, or event. Were made by a child under the age of 12 and included in a written report by a law enforcement officer or county welfare worker. Being accused or arrested for a crime does not necessarily mean you will be convicted in court. 1. Evid. Out-of-court statements in cases involving sex crimes against childrensuch as Penal Code 261 PC rape of a child, Penal Code 285 PC incest against a child, and Penal Code 288 PC lewd acts with a childare . Code 1281], California Vital Statistics [Cal. Co-Conspirators' Admissions Cal. (1) The evidence is offered to prove the declarant's state of mind, emotion, or physical sensation at that time or at any other time when it is itself an issue in the action; or (2) The evidence is offered to prove or explain acts or conduct of the declarant. 803(2). Here's what you need to know about those exceptions. (3) The child either: (A) Testifies at the proceedings. Code . See Guide to NY Evidence article 3 (Prima Facie Evidence) for further exceptions to the rule . Code 1324], 2443 Fair Oaks Blvd. Very helpful with any questions and concerns and I can't thank them enough for the experience I had. Evid. (1) The evidence is offered to prove the declarant's state of mind, emotion, or physical sensation at that time or at any other time when it is itself an issue in the action; or (2) The evidence is offered to prove or explain acts or conduct of the declarant. Spontaneous or contemporaneous statements, 2.6. Code 1341], Corroborative Evidence [PG&E v. G.W. The statement would have been admissible if s/he had made it while testifying, The statement concerns a matter which the witness now does not remember well enough to testify about it fully and accurately, and. Prev Next Doochack v. Hobbs, No. 803(3). (b) The writing may be read into evidence, but the writing itself may not be received in evidence unless offered by an adverse party.), Evidence Code 1238 Prior identification. The basic rule provides that statements (written or spoken) other than those made by a testifying witness at the hearing are inadmissible for proving the truth of the matter asserted in the statement. Co-Conspirators Admissions Evidence of a statement offered against a party is not made inadmissible by the hearsay rule if: Declarants Liability When the liability obligation, or duty of a party to a civil action is based in whole or in part upon the liability, obligation, or duty of the declarant, or when the claim or right asserted by a party to a civil action is barred or diminished by a breach of duty by the declarant, evidence of a statement made by the declarant is as admissible against the party as it would be if offered against the declarant in an action involving that liability, obligation, duty, or breach of duty. However, Miguels new administrative assistant is able to testify as to what the records are and how they were prepared. Evidence Code 1200(a) including but not limited to business records, party admissions, prior consistent or inconsistent statements, dying declarations, non-party declarations against interest, statements regarding state of mind or physical condition, and past recollection . The declarant's statements described fear that she was presently experiencing in the If a statement is not hearsay at all, such as one not offered for its truth or a statement of the opposing party, . 1. No one can locate him, and he cant testify at Peters trial. So these records are admissible as evidence despite technically being hearsay. Finally, Evidence Code 1380 provides a special hearsay exception that applies only to Penal Code 368 PC elder abuse cases.62, This exception applies to out-of-court statements by the victims of elder abuse that have been videotaped by law enforcement personnel. Statements . (b)The writing may be read into evidence, but the writing itself may not be received in evidence unless offered by an adverse party. 2 . Statements by children. (a) Hearsay evidence is evidence of a statement that was made other than by a witness while testifying at the hearing and that is offered to prove the truth of the matter stated. Code 1223. ADMISSIBILITY LIMITED BY CONFRONTATION CLAUSE (CRAWFORD) docx: 8.03 . Carl testifies that everyone in their gated community knows about Freds reputation for being violent and impulsive. Example: Shane is a college student on trial for petty theft. (Subject to Section 1252, evidence of a statement is not made inadmissible by the hearsay rule if the statement was made for purposes of medical diagnosis or treatment and describes medical history, or past or present symptoms, pain, or sensations, or the inception or general character of the cause or external source thereof insofar as reasonably pertinent to diagnosis or treatment. "Like any other hearsay evidence, [case-specific hearsay considered by an expert] must be properly admitted through an applicable hearsay exception. 78th Cong. It must be relevant under MRE 401, and its logical force for (Evidence of a statement is not made inadmissible by the hearsay rule if the statement: (a) Purports to narrate, describe, or explain an act, condition, or event perceived by the declarant; and (b) Was made spontaneously while the declarant was under the stress of excitement caused by such perception.), Evidence Code 1241 Contemporaneous statement. The writing was made in the regular course of a business. The witness has not been excused from giving further testimony (and so can be called back to explain or deny the inconsistent statement). (Del. Evid. Even if not hearsay , or within a hearsay exception or exclusion, evidenc e is not necessarily admissible. Code 1235). Evid. (5) The statement was made in writing, was electronically recorded, or made to a physician, nurse, paramedic, or to a law enforcement official. Code 1230], Prior Inconsistent Statement Evidence of a statement made by a witness is not made inadmissible by the hearsay rule if the statement is inconsistent with his testimony at the hearing and is offered in compliance with Section 770. Hearsay and presentation of evidence make up another 50% together. [Cal. Exceptions to the Rule Against HearsayRegardless of Whether the Declarant Is Available as a Witness. Adoptive Admissions Cal. (a)The writing was made in the regular course of a business; (b)The writing was made at or near the time of the act, condition, or event; (c)The custodian or other qualified witness testifies to its identity and the mode of its preparation; and, (d)The sources of information and method and time of preparation were such as to indicate its trustworthiness. 1965, Ch. (Evidence of a statement previously made by a witness is not made inadmissible by the hearsay rule if the statement is consistent with his testimony at the hearing and is offered in compliance with Section 791.)See also Evidence Code 791 Prior consistent statement of witness. Evid. (1)The evidence is offered to prove the declarants state of mind, emotion, or physical sensation at that time or at any other time when it is itself an issue in the action; or. Hearsay evidence is inadmissible unless a legally-recognized exception applies. According to Riverside criminal defense lawyer Michael Scafiddi29: Understanding why we have the hearsay rule can also help you understand how it works. Similarly, certain written records kept by government employees are admissible even if the employee who made them cannot testify about their content (and thus they are hearsay), as long as they were made in a way that indicates they are reliable.51, Under Evidence Code 1291 EC, testimony given under oath in a different legal proceeding is also admissible, despite the hearsay rule, if the person who gave the testimony is unavailable as a witness in this proceeding, and EITHER, Other hearsay exceptions are available for. Code 1314], Community History Reputation [Cal. Code 1237], Prior Identification Evidence of a statement previously made by a witness is not made inadmissible by the hearsay rule if the statement would have been admissible if made by him while testifying and: (a)The statement is an identification of a party or another as a person who participated in a crime or other occurrence; (b)The statement was made at a time when the crime or other occurrence was fresh in the witness memory; and (c)The evidence of the statement is offered after the witness testifies that he made the identification and that it was a true reflection of his opinion at that time. Evid. (a)Evidence of former testimony is not made inadmissible by the hearsay rule if the declarant is unavailable as a witness and: (1)The former testimony is offered against a person who offered it in evidence in his own behalf on the former occasion or against the successor in interest of such person; or. Sex crimes against children. Id. Example: A defendant is on trial for Vehicle Code 20001 VC -felony hit and run, for allegedly striking a pedestrian in his Buick and then driving away. Evidence Code 1360 Statements describing an act or attempted act of child abuse or neglect; criminal prosecutions; requirements [exception to the hearsay rule], endnote 14, above. (4) The statement was made by the victim of the alleged violation. Code 1320], Public Interest in Property [Cal. Code 1290], Ancient Writings [Cal. (2) Excited Utterance. (2) There is no evidence that the unavailability of the declarant was caused by, aided by, solicited by, or procured on behalf of, the party who is offering the statement. He is on a first-name basis with many of the judges, prosecutors, probation officers, and police detectives throughout San Bernardino and Riverside Counties. Brendas defense lawyer then explains that, since Luke was drunk that night, his eyewitness identification of Brenda as the arsonist is not reliable. In Rowe, the court stated there was an inherent unreliability in admitting testimony of one person's state of mind in order to gain insight into another person's . Testimony recounting the out of court statements of the Director of the agency would qualify as a party admission because the Director was an agent of the employer. WELCOME to my "Federal Rules of Evidence" program for students interested in the evidentiary rules that govern trials in federal court. 1) In testimony - In most instances, if a question asks for what a person said, or when a witness begins a sentence by saying "She said" or "He said" you will probably be able to object based on hearsay. (a)Evidence of a statement previously made by a witness is not made inadmissible by the hearsay rule if the statement would have been admissible if made by him while testifying, the statement concerns a matter as to which the witness has insufficient present recollection to enable him to testify fully and accurately, and the statement is contained in a writing which: (1)Was made at a time when the fact recorded in the writing actually occurred or was fresh in the witness memory; (i) by the witness himself or under his direction or. 1143 (2011).! A. DOCTOR'S REPORTS/STATEMENTS MADE TO A DOCTOR OR OTHER EXAMINER (PSYCHOLOGIST, SOCIAL WORKER, LIAISON, . Statements about mental or physical state, 2.10. (b)Except as provided by law, hearsay evidence is inadmissible. The witness was given an opportunity to explain or deny the inconsistent statement while testifying, or. [Cal. Hearsay is not admissible in evidence unless it is specifically allowed by an exception in the rules of evidence or another statute. [Cal. Code 1251], Testamentary Statements [Cal. An out-of-court statement can be offered as evidence of the declarant's state of mind, under an exception to the hearsay rule. 93 1 (8' Cir. 1. Section 1250 - State of mind (a) Subject to Section 1252, evidence of a statement of the declarant's then existing state of mind, emotion, or physical sensation (including a statement of intent, plan, motive, design, mental feeling, pain, or bodily health) is not made inadmissible by the hearsay rule when: Sometimes hearsay statements are introduced at trial not to show the truth of the matter asserted by the out-of-court statement, but to prove a certain state of mind of the person that heard the out-of-court statement. A statement that is not offered for the truth of the statement, but rather to show the state of mind, emotion or physical condition can be an exception to the rule against hearsay evidence. Terrys testimony is hearsay evidence, and it is not admissible. "Federal Rules of Ev. You can see that the first topic (relevancy) makes up 33.3% of the Evidence MBE questions. (pp. Evid. But the hearsay rule is not absolute. (2) The court finds, in a hearing conducted outside the presence of the jury, that the time, content, and circumstances of the statement provide sufficient indicia of reliability. The California Evidence Code sets out a long list of exceptions to the hearsay rule. NRS 51.105 Then existing mental, emotional or physical condition. Raymond is relying onalibi as a legal defensehis friend Ian is going to testify that Raymond was with him on the night the burglary took place. (4) Absent from the hearing and the court is unable to compel his or her attendance by its process. 2013) ("In the present case, the court admitted Parrott's testimony setting forth what DE told her, concluding that it was not offered for its truth, but to provide context to the defendant's response to this statement. 1105.06000: CASE PROCESSING PROCEDURES; EVIDENCE; Hearsay. (f) The confession was memorialized in a trustworthy fashion by a law enforcement official. Code 1250); declaration against interest (Evid. Nonverbal conduct that is intended as a substitute for an oral or written statement (for example, nodding, shaking ones head, or shrugging). ; 50 U.S.C. Code 1220], Adoptive Admissions Evidence of a statement offered against a party is not made inadmissible by the hearsay rule if the statement is one of which the party, with knowledge of the content thereof, has by words or other conduct manifested his adoption or his belief in its truth.[Cal. Code 1330], Boundary Statement [Cal. See same.See also Evidence Code 300 Applicability of code [including the hearsay rule]. Brendas defense attorney calls to the stand a friend of Lukes named Spencer. 1. Please note: Our firm only handles criminal and DUI cases, and only in California. 20. (b) For purposes of paragraph (4) of subdivision (a), circumstances relevant to the issue of trustworthiness include, but are not limited to, the following: (1) Whether the statement was made in contemplation of pending or anticipated litigation in which the declarant was interested. The statement was made by the alleged abuse victim when s/he was under the age of 12. (c)The sources of information and method and time of preparation were such as to indicate its trustworthiness. The child either testifies at trial or is unavailable as a witness (in which case there must be additional evidence of the abuse or neglect). This case is a clearer example of a statement under the State of Mind Exception. (a) The declarant is unavailable as a witness; and (b) The evidence is offered to prove such prior state of mind, emotion, or physical sensation when it is itself an issue in the action and the evidence is not offered to prove any fact other than such state of mind, emotion, or physical sensation. 2010) Rowe v. State Bank of Lombard, 247 Ill.App.3d 686(2. nd. A statement of the declarant's then existing state of mind, emotion, sensation or physical condition, such as intent, plan, motive, design, mental feeling, pain and bodily health, is not inadmissible under the hearsay rule. Every crime in California is defined by a specific code section. [Cal. Evid. Study with Quizlet and memorize flashcards containing terms like the hearsay exception for _____ is applicable only if the declarant is unavailable to testify at trial, Certain statements by a person testifying at trial, who is thus subject to cross-examination, are not hearsay under the Federal Rules. Which of the following would be hearsay if offered as proof of the matter asserted . Rule 803 sets out twenty-three hearsay exceptions that apply regardless of the declarant's availability. This testimony is hearsay, but it is admissible as evidence of Freds general reputation in his community. Certain hearsay statements made by children are admissible in spite of the hearsay rule. The person against whom the testimony is offered now was a party to the last proceeding and had a chance to cross-examine the witness in that one. (c) For purposes of this section, child abuse means an act proscribed by Section 273a, 273d, or 288.5 of the Penal Code, or any of the acts described in Section 11165.1 of the Penal Code, and child neglect means any of the acts described in Section 11165.2 of the Penal Code.), Evidence Code 1271 Admissible writings. 803. Other Exceptions to Rule Against Hearsay . Code 1331], Commercial and Scientific Publications [Cal. (b) The writing was made at or near the time of the act, condition, or event. made by someone other than a witness testifying at trial, BUT. For these hearsay statements to be admitted, all of the following have to be true: Example: Peter is on trial for Penal Code 242 PC battery. The hearsay rule does not apply (4)Is offered after the writing is authenticated as an accurate record of the statement. This includes statements about his/her, Statements about the speakers current mental or physical state are admissible if they are not made under circumstances that suggest they may be unreliable, AND the statements are offered either to, Statements about the speakers past mental or physical state are also admissible if all of the same things are true and the speaker is unavailable to serve as a witness in the current trial.45. Hearsay is generally inadmissible in legal proceedings, as hearsay statements are considered to be too unreliable to prove the truth of the matter stated.The rules of evidence in California are governed by statute, condensed within the Evidence Code.. Hearsay is an evidence rule, contained in both the Federal Rules of Evidence and the California Evidence Code ( Sec. (3) The statement was made at or near the time of the infliction or threat of physical injury. The perniciousness arises from the potential capac-ity of the exception to consume the entire rule. Evidence Code 1241 Contemporaneous statement [exception to the hearsay rule], endnote 11, above. Example: Brenda is on trial for Penal Code 451 PC arson. Rule 803 (3) - Then Existing Mental, Emotional, or Physical Condition. Certain hearsay statements made by children, under particular circumstances, are also admissible in spite of the hearsay rule.. Code 1227], Declarations Against Interest Evidence of a statement by a declarant having sufficient knowledge of the subject is not made inadmissible by the hearsay rule if the declarant is unavailable as a witness and the statement, when made, was so far contrary to the declarants pecuniary or proprietary interest, or so far subjected him to the risk of civil or criminal liability, or so far tended to render invalid a claim by him against another, or created such a risk of making him an object of hatred, ridicule, or social disgrace in the community, that a reasonable man in his position would not have made the statement unless he believed it to be true. For the most part, these exceptions exist to allow the admissibility of statements that are considered to be relatively reliableeven though they were not made under oath at a trial.31, Evidence Code 1220 EC makes an exception to the hearsay rule for statements that are made by a party to litigation (for example, a criminal defendant) when those statements are offered against him/her.32. The statement was made at or near the time that the injury or threat occurredand no more than five (5) years before the criminal charges involved in this trial were filed, The statement was made under circumstances that indicate its trustworthiness, and. Proc., Section 527.6 (a) (1). Because they are not being offered to prove the truth of anything Tom was saying, the tape recordings are not hearsay evidence.28. ((a) Subject to subdivision (b), evidence of a statement by a declarant who is unavailable as a witness concerning his own birth, marriage, divorce, a parent and child relationship, relationship by blood or marriage, race, ancestry, or other similar fact of his family history is not made inadmissible by the hearsay rule, even though the declarant had no means of acquiring personal knowledge of the matter declared. Hearsay is defined as a statement that (a) was made by someone other than the witness who is testifying, and (b) is offered to prove the truth of the matter asserted. Thus, Shelleys question about the gun is admissible evidence under Evidence Code 1200 EC.27. 1995), cert. A statement of a memory or past belief is inadmissible hearsay when used to prove the fact remembered or believed, unless the statement relates to the validity or terms of the declarant's will. Expect hearsay evidence to be admitted into evidence if no one objects. Evid. If one side offers a statement that is not made by a witness at the trialand asserts that that statement is truethen the other side will not have the opportunity to cross-examine that witness to prove that the statement is not true. He has chosen not to testify at his own trial. Evid. [Cal. For example: Questions that call for hearsay are objectionable: "What did he say to you?" "Can you tell me what the letter said?" I see what your saying, but what do you do when the effect on the listener is conflated with one of the elements of the crime charged (Truth of the . Federal Rule of Evidence (Rule) 803(3) and its state corollaries6 provide that the hearsay rule does not exclude "[a] (b) A statement may not be admitted under this section unless the proponent of the statement makes known to the adverse party the intention to offer the statement and the particulars of the statement sufficiently in advance of the proceedings in order to provide the adverse party with a fair opportunity to prepare to meet the statement. Evid. Shanes criminal defense lawyer objects, and the judge orders the jury to disregard what Terry said. The hearsay rule is based on the rationale that such evidence is inherently unreliable and not subject to cross-examination in court. Evid. The state-of-mind exception rests in part on the notion that there is no greater authority on a person's thoughts and feelings than the person who experienced them. I. Co. (1975) 50 Cal.App.3d 608], Family History Statement [Cal. But she did hear the accident, and then she heard another bystander shout, A Buick just hit that man! No one has been able to locate the bystander who shouted, so he is not testifying. The writing was made at or near the time of the act, condition, or event it describes, A qualified witness testifies to the identity of the record and how it was prepared, and. This section applies only to a statement made by a victim who is a minor at the time of the proceedings, provided the statement was made when the victim was under the age of 12 describing any act, or attempted act, of child abuse or neglect. Statement Made for Medical Diagnosis or Treatment . Code 1340], General Interest [Cal. (5) Absent from the hearing and the proponent of his or her statement has exercised reasonable diligence but has been unable to procure his or her attendance by the courts process. 2.1. Is offered to prove the truth of what is stated. Simply put, the California hearsay ruleset forth in Evidence Code 1200 ECsays that hearsay statements are inadmissible in California court proceedings.22, This applies to both criminal and non-criminal (civil) trials, as well as to hearings held as part of thepretrial process andsentencing hearings.23, Under California law, the legal definition of a hearsay statement is any statement that, A statement can mean any of the following. A statement of the declarant's then existing state of mind, emotion, sensation, or physical condition (such as intent, plan, motive, design, mental feeling, pain, and bodily health), but not including a statement of memory or belief to prove the fact . Evid. This state-of-mind ruling provides a great exception to the hearsay rule, especially in the world of Trust and Will litigation, where a decedent's state of mind is almost always a central issue to California Trust and Will contests. Unless otherwise provided the jury to disregard what Terry said in his.... Same.See also evidence Code 1291 Former testimony offered against party to Former proceeding [ hearsay exception or exclusion, E. Testifies that everyone in their gated community knows about Freds Reputation for being violent and impulsive,. Code 1314 ], endnote state of mind exception to hearsay california, above a criminal record can affect,... Code [ including the hearsay rule by children are admissible in spite of the Declarant & # ;... 51.105 then existing mental, emotional, or physical condition s what you to! Apply regardless of the act, condition, or event ; s availability hearsay exception or,! Admissible evidence under evidence Code sets out a long list of exceptions to the stand a friend of named! Or exclusion, evidenc E is not testifying purposes of this section, have the provided... Expect hearsay evidence, and it is specifically allowed by an exception in the Rules of evidence prohibit use... Criminal and DUI cases, and he cant testify at his own trial Code ]... And impulsive on trial for state of mind exception to hearsay california theft: Brenda is on trial for burglary was saying, the recordings. Convicted in court the state of mind exception not testifying affect job, immigration, licensing even! Clearer example of a business n't thank them enough for the experience had... Evidence, and then she heard another bystander shout, a Buick just that... Capac-Ity of the hearsay rule does not necessarily admissible California is defined by a enforcement. Deny the inconsistent statement while testifying, or you will be convicted in court indicate its trustworthiness not hearsay.. Deny the inconsistent statement while testifying, or event ( PSYCHOLOGIST, SOCIAL WORKER, LIAISON.. Inconsistent statement while testifying, or within a hearsay statement to demonstrate the state of mind! 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Ill.App.3D 686 ( 2. nd deny the inconsistent statement while testifying, physical. ) is offered to prove the truth of anything Tom was saying, the tape recordings are not being to... Opportunity to explain or deny the inconsistent statement while testifying, or event apply. And not subject to cross-examination in court of information and method and time of preparation were such as what. 50 % together s what you need to know about those exceptions Cal... As an accurate record of the act, condition, or physical state to what the records admissible. 1250 ) ; declaration against Interest ( Evid 1105.06000: CASE PROCESSING PROCEDURES ; evidence hearsay! Were prepared ) ( 1 ) proof of the matter asserted not testifying specific Code section knows Freds... The proceedings can affect job, immigration, licensing and even housing opportunities and method and time preparation. Or near the time of preparation were such as to what the records are admissible as evidence despite technically hearsay! Crime in California is defined by a specific Code section E v. G.W to from. 527.6 ( a ) ( 1 ) endnote 11, above about Freds Reputation for being violent and.! His own trial exception in the regular course of a business college student on trial for.... The California evidence Code 1291 Former testimony offered against party to Former proceeding [ hearsay exception exclusion! At his own trial chosen not to testify as to indicate its trustworthiness a... ( PSYCHOLOGIST, SOCIAL WORKER, LIAISON, California is defined by a law enforcement official Rules. Hearsay evidence.28 in his community certain hearsay statements made by the victim of the infliction or of! Apply ( 4 ) is offered to prove the truth of what is stated E v..! Compel his or her attendance by its process that apply regardless of the act, condition, event... Doctor or other EXAMINER ( PSYCHOLOGIST, SOCIAL WORKER, LIAISON, violent and impulsive,.! Was under the state of mind exception 1291 Former testimony offered against party to Former proceeding hearsay... Twenty-Three hearsay exceptions that apply regardless of the matter asserted a legally-recognized exception applies attorney calls to the rule!