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Hearsay Exceptions Hearsay

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, CVC Opposes, and ToolGen Replies in Interference No. 106,127

In its turn, on September 17th, Senior Party ToolGen Inc. filed its Motion to Exclude certain evidence presented by Junior Party the University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier...more

McDonnell Boehnen Hulbert & Berghoff LLP

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

On September 17th, Junior Party the University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (collectively, "CVC") filed its Motion to Exclude certain evidence presented by Senior Party ToolGen...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

Law School Toolbox

Law School Toolbox Podcast Episode 308: Listen and Learn -- More Hearsay Exceptions

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Welcome back to the Law School Toolbox podcast! Today, we discuss three hearsay exceptions (statements against interest, statements made for medical diagnosis or treatment, and statements of personal or family history), which...more

Law School Toolbox

Bar Exam Toolbox Podcast Episode 143: Listen and Learn -- More Hearsay Exceptions

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Welcome back to the Bar Exam Toolbox podcast! Today, we discuss three hearsay exceptions (statements against interest, statements made for medical diagnosis or treatment, and statements of personal or family history), which...more

Law School Toolbox

Bar Exam Toolbox Podcast Episode 138: Listen and Learn -- Hearsay Exceptions: Prior Testimony and Past Recollection Recorded

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Welcome back to the Bar Exam Toolbox podcast! In today's episode, we cover two more hearsay exceptions -- prior testimony and past recollection recorded. You can find more on the topic of hearsay exceptions in episodes 101,...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

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

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending July 3, 2020

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Real Property Update - Premises Liability / Summary Judgment: Trial court erred by granting summary judgment in favor of developer where there was a disputed issue of material fact regarding whether an uncommon design or...more

McDonnell Boehnen Hulbert & Berghoff LLP

CVC Files Motion to Exclude Broad Evidence; Broad Opposes

The latest installment in the cat-and-mouse game of deciding priority in Interference No 106,155 between Senior Party The Broad Institute, Harvard University, and the Massachusetts Institute of Technology (collectively,...more

Butler Snow LLP

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

Butler Snow LLP on

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

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

Farrell Fritz, P.C.

Hearsay Issues In Surrogate’s Court Hearings And Trials (Presentation)

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Presented by John R. Morken, Esq. to the Surrogate’s Association of the State of New York, May 2018. Introduction - A great deal of the evidence offered at a trial or hearing in the Surrogate’s Court is hearsay, or at...more

Smart & Biggar

Teva awarded section 8 damages regarding pregabalin and olanzapine

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On March 30 and April 4, 2017, the Federal Court released two decisions on the merits under section 8 of the Patented Medicines (Notice of Compliance) Regulations (“PMNOC Regulations”) regarding pregabalin (Pfizer’s LYRICA)...more

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