Hearsay

According to Evidence Code section 1200, hearsay 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." Hearsay is inadmissible except as provided by law. However, the numerous exceptions to the hearsay rule completely overwhelm the rule.

California Hearsay Exceptions

Multiple hearsay

Multiple hearsay is admissible if each level of hearsay has a hearsay exception under EC1201.

Admission of party opponent

Admission of party opponent is admissible under EC1220.

Adoptive admission

Adoptive admission is admissible under EC1221.

Authorized admission

Authorized admission is admissible under EC1222.

Admission of co-conspirator

Admission of co-conspirator is admissible under EC1223.

Declarations against interest

If the declarant is unavailable, declarations against interest are admissible under EC1230.

Prior inconsistent statements

Prior inconsistent statements are admissible under EC1235.

Prior consistent statements

Prior consistent statements are admissible under EC1236.

Past recollection recorded

Past recollection recorded is admissible under EC1237.

Prior identification

Prior identification is admissible under EC1238.

Spontaneous statement

Spontaneous statements are admissible under EC1240.

Contemporaneous statement

Contemporaenous statements are admissible under EC1241.

Dying declaration

Dying declarations are admissible under EC1242.

Business records

Business records are admissible under EC1270.

Official records

Official records are admissible under EC1280. A prior conviction is admissible under EC452.5 and EC1280.

Former testimony

In a criminal proceeding, if the declarant is unavailable, former testimony is admissible under EC1291.

Commercial and scientific publications

Publications of general notoriety and interests

|Publications of general notoriety and interest are admissible under EC1341

Federal hearsay exclusions and exceptions

Prior inconsistent statements

Prior inconsistent statements are not hearsay under FRE801(d)(1)(A)

Prior consistent statements

Prior consistent statements are not hearsay under FRE801(d)(1)(B)

Prior identification

Prior identification is not hearsay under FRE801(d)(1)(C)

Admission of party opponent

Admission of party opponent is not hearsay under FRE801(d)(2)

Present sense impression

Present sense impression is an exception to the hearsay rule under FRE803(1).

Excited utterance

Excited utterance is an exception to the hearsay rule under FRE803(2).

Then-existing mental, emotional, or physical condition

Then-existing mental, emotional, or physical condition is an exception to the hearsay rule under FRE803(3)

Statement made for medical diagnosis or treatment

Statement made for medical diagnosis or treatment is an exception to the hearsay rule under FRE803(4).

Recorded recollection

Recorded recollection is an exception to the hearsay rule under FRE803(5).

Records of a regularly conducted activity

records of a regularly conducted activity are an exception to the hearsay rule under FRE803(6). Absence of such records are an exception to the hearsay rule under FRE803(7).

Public records

Public records are an exception to the hearsay rule under FRE803(8). Public records of vital statistics are an exception to the hearsay rule under FRE803(9). Absence of public records are an exception to the hearsay rule under FRE803(10).

Learned treatise

Learned treatises are an exception to the hearsay rule under FRE803(18).

Judgment of a previous conviction

Judgment of a previous conviction is an exception to the hearsay rule under FRE801(22).

Former testimony

If the witness is unavailable, former testimony is an exception to the hearsay rule under FRE804(b)(1)

Statement Under the Belief of Imminent Death

If the witness is unavailable, a statement under the belief of imminent death is an exception to the hearsay rule under FRE804(b)(2).

Statement against interest

If the witness is unavailable, statements against interest are an exception to the hearsay rule under FRE804(b)(3).

Statement Offered Against a Party That Wrongfully Caused the Party's Unavailability

An exception to the hearsay rule under FRE803(b)(6).

Hearsay within hearsay

Hearsay within hearsay is an exception to the hearsay rule under FRE805 if each level of hearsay has an exception.

Residual exception

Statements may be admitted despite the hearsay rule under the residual exception rule per FRE807.