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Evidence Hearsay Exceptions

Nelson Mullins Riley & Scarborough LLP

The Scrivener: When is a question not a question?

At an evidence CLE at the South Carolina Bar Convention in Greenville this year, a judges’ panel discussed a hearsay issue, raising the issue of whether a witness’s out-ofcourt utterance—which was in the form of a...more

Law School Toolbox

Law School Toolbox Podcast Episode 326: Listen and Learn -- Multiple Hearsay

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Welcome back to the Law School Toolbox podcast! In today's episode from our "Listen and Learn" series, we go through a step-by-step approach for analyzing questions involving multiple levels of hearsay. In this episode we...more

Law School Toolbox

Bar Exam Toolbox Podcast Episode 158: Listen and Learn -- Multiple Hearsay

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Welcome back to the Bar Exam Toolbox podcast! In today's episode from our "Listen and Learn" series, we go through a step-by-step approach for analyzing questions involving multiple levels of hearsay. In this episode, we...more

McDonnell Boehnen Hulbert & Berghoff LLP

ToolGen Files Motion to Exclude Evidence, Broad Opposes, and ToolGen Replies in Interference No. 106,126

On October 1st, Senior Party ToolGen Inc. filed its Motion to Exclude certain evidence presented by Junior Party the Broad Institute, Harvard University, and MIT (collectively, "Broad") in Interference No. 106,126.  Broad...more

Law School Toolbox

Law School Toolbox Podcast Episode 315: Listen and Learn -- Non-Hearsay

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Welcome back to the Law School Toolbox podcast! In this episode from our "Listen and Learn" series, we cover a category of evidence called "non-hearsay," which is tested often both on Evidence essays and on the MBE. In this...more

McDonnell Boehnen Hulbert & Berghoff LLP

Broad Opposes CVC's Motion to Exclude Evidence and CVC Files Reply

Late last month, Junior Party University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (hereinafter, "CVC") and Senior Party The Broad Institute, Massachusetts Institute of Technology, and...more

Law School Toolbox

Law School Toolbox Podcast Episode 296: Listen and Learn -- Hearsay Exceptions: Government and Business Records

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Welcome back to the Law School Toolbox podcast! In today's episode, we cover two hearsay exceptions -- government/public records and business records. You can find more on the topic of hearsay and related exceptions in...more

Hinshaw & Culbertson - Consumer Crossroads

New York Appellate Court Reverses Foreclosure Judgement, Reaffirms Business Record Itself Must be Provided to Trigger Hearsay...

In Deutsche Bank Nat'l Trust Co. v. Ezeji, 2021 N.Y. App. Div. LEXIS 3313 (2d Dep't, May 19, 2021), New York's Appellate Division, Second Department, reversed a judgment of foreclosure and sale, finding that although the...more

Law School Toolbox

Bar Exam Toolbox Podcast Episode 132: Listen and Learn -- Hearsay Exceptions: Government and Business Records

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Welcome back to the Bar Exam Toolbox podcast! In today's episode, we cover two hearsay exceptions, and they are government/public records and business records. You can find more on the topic of hearsay exceptions in episodes...more

Fox Rothschild LLP

The Art Of Persuasion: The Supreme Court Disputes Where To Look

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If there is no binding precedent on point, where does the Supreme Court of North Carolina look for guidance? Which are more persuasive: federal court opinions or North Carolina Court of Appeals opinions? Does the answer to...more

Law School Toolbox

Bar Exam Toolbox Podcast Episode 115: Listen and Learn -- Dying Declaration vs. Excited Utterance

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Welcome back to the Bar Exam Toolbox podcast! In episode 101 we covered two hearsay exceptions, namely present sense impression and state of mind. Today, we'll discuss two more exceptions that are also commonly tested, and...more

Law School Toolbox

Bar Exam Toolbox Podcast Episode 114: Listen and Learn -- Non-Hearsay

Law School Toolbox on

Welcome back to the Bar Exam Toolbox podcast! In this episode from our "Listen and Learn" series, we cover a category of evidence called "non-hearsay," which is tested often on both the MBE and on Evidence essays. In this...more

Law School Toolbox

Law School Toolbox Podcast Episode 271: Listen and Learn -- Hearsay Exceptions: Present Sense Impression and State of Mind

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Welcome back to the Law School Toolbox podcast! In today's episode, as part of our "Listen and Learn" series, we take a look at the differences between two highly-tested hearsay exceptions: present sense impression and state...more

Law School Toolbox

Law School Toolbox Podcast Episode 261: Listen and Learn -– The Basics of Hearsay

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Welcome back to the Law School Toolbox podcast! This episode is part of our "Listen and Learn" series, where we review legal concepts and apply them to fact patterns. Today, we're covering a commonly tested topic from...more

Law School Toolbox

Bar Exam Toolbox Podcast Episode 101: Listen and Learn -- Present Sense Impression vs. State of Mind

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Welcome back to the Bar Exam Toolbox podcast! Today, we have another episode as part of our "Listen and Learn" series. This one covers two hearsay exceptions –- specifically, present sense impression and state of mind. In...more

Butler Snow LLP

Revisions to Rule 807’s “Residual Hearsay Exception” Modify Trustworthiness and Notice Requirements

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Federal court practitioners should be aware that, as of December 1, 2019, the Federal Rules of Evidence’s “Residual Hearsay Exception,” Rule 807, has been revised. The revisions are intended to create a more uniform standard...more

Holland & Knight LLP

Amendment to Residual Exception to Broaden Scope of Admissible Hearsay Evidence

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The Federal Rules of Evidence usually deem all hearsay – out-of-court statements offered to prove the truth of the matter asserted – inadmissible unless the statement falls into one of the hearsay exceptions contained in...more

Husch Blackwell LLP

Changes To Federal Rules Of Evidence Broaden Hearsay Exception

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The United States Supreme Court recently amended Federal Rule of Evidence Rule 807, the residual exception to the hearsay rule. These amendments significantly broaden the scope of the exception, which may lead to the...more

Steptoe & Johnson PLLC

PA Superior Court Permits Incomplete Deposition Testimony and Affidavit of “Unavailable Witness” to oppose Summary Judgment in...

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In an October 28, 2019 Opinion of a three-judge panel, the Pennsylvania Superior Court in Joyce E. Kardos, Executrix of the Estate of Nicholas J. Kardos, deceased, and Joyce E. Kardos, in her own right, v. Armstrong Pumps,...more

Butler Snow LLP

Revisions to the Residual Exception Contained in Federal Rule of Evidence 807 Seek to Provide Clarity and Uniformity

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The residual exception in Federal Rule of Evidence 807 provides a vehicle for the admission of hearsay statements that are not otherwise admissible under Rule 803 or 804. As the Fifth Circuit has observed, though, the...more

Burr & Forman

Business Records Hearsay Exception Applicable Only When Proper Foundation is Laid

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In Ensler v. Aurora Loan Servs., LLC, the Fourth District Court of Appeal of Florida was faced with the issue of whether a prior mortgage loan servicer’s documents could be introduced into evidence when the current servicer...more

Foley & Lardner LLP

Jordan v. Binns: The Seventh Circuit Grapples With Multiple Levels of Hearsay

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The Seventh Circuit has a gift for lawyers looking to brush up on the Federal Rules of Evidence. It comes wrapped as last week’s decision in Jordan v. Binns, No. 11-2134 (7th Cir. Apr. 4, 2013), where the court examined...more

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