Existing Citations

  • hearsay (s.v. "Rule 801. Definitions . . . "): A statement that 1) [a person making an oral assertion, written assertion, or nonverbal conduct, if intended as an assertion] does not make while testifying at the current trial or hearing; and 2) a party offers in evidence to prove the truth of the matter asserted in the statement. [The rule continues with statements that are not hearsay.] (†539)
  • hearsay (s.v. "Rule 803(6) Exception to the rule again): [The business exception to hearsay (6) Records of a Regularly Conducted Activity. ¶ A record of an act, event, condition, opinion, or diagnosis if: A) the record was made at or near the time by – or from information transmitted by – someone with knowledge; B) the record was kept in the course of a regularly conducted activity of a business, organization, occupation, or calling, whether or not for profit; C) making the record was a regular practice of that activity; D) all these conditions are shown by the testimony of the custodian or another qualified witness, or by a certification that complies with Rule 902(11) or (12) or with a statute permitting certification; and E) neither the source of information nor the method or circumstances of preparation indicate a lack of trustworthiness. (†540)