Hearsay evidence is admissible if it falls under an exception to the hearsay rule; 2.
The only ground for so doing would be the Hearsay rule.
Second, other exceptions to the hearsay rule may apply.
The whole purpose of the Hearsay rule has been already satisfied.
Moreover, there are exceptions to the hearsay rule that may apply.
(iii) Should there be any special provisions to deal with the hearsay use of computer-generated evidence, or should the hearsay issue be left to the evolving common law doctrine?
The present recommendation does not affect the status quo regarding hearsay.
This is the best evidence rule, rather than a hearsay rule as were the previous two.
As a result, both of the above tests for the use of documentary evidence apply to it: the best evidence rule and the hearsay rule.
In addition, this short form statute does not replace the business records rule or other exceptions to the hearsay rule.
(There are other parts to the hearsay rule, but this gives you a general idea of what a rule of evidence is and how it works.)
The point at issue in the case was whether microfilmed records, though hearsay, were admissible.
87 Trial fairness is clearly a consideration under the modern and principled approach to the hearsay exceptions.
The person wanting the information to be heard then gets to say why the information should not be covered by the hearsay rule.
In other jurisdictions, different exceptions to the hearsay rule may apply and allow you to admit some or all of the police report as evidence.
This retains the certainty and predictability associated with the common law exceptions to the hearsay rule and avoids the need to hold a voir dire when evidence falls within an established exception.
The hearsay rule has traditionally been regarded as an absolute rule, subject to various categories of exceptions, such as admissions, dying declarations, declarations against interest and spontaneous declarations.
The hearsay rule has traditionally been regarded as an absolute rule, subject to various categories of exceptions, such as admissions, dying declarations, declarations against interest and spontaneous declarations.
The exceptions can be interpreted and reviewed as required to conform to the values of necessity and reliability that justify exceptions to the hearsay rule; 3.
This has resulted in courts in recent years on occasion adopting a more flexible approach, rooted in the principle and the policy underlying the hearsay rule rather than the strictures of traditional exceptions.
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