Tuesday audio--Part I, Part II.
We continue with Spontaneous Statements; prep the entire section. What are the elements of FRE 803(1)-(4)? Note again that the problems build on one another. So when we get to these exceptions, the questions can deal with everything that came before, including whether something is hearsay and whether it falls within an 801(d) exclusion; be ready to recognize all those issues.
I previously mentioned the agenda of the next meeting of the Evidence Rules Committee. FRE 609 is not the only rule it has in its sights. Tab 5 offers proposals on FRE 801(d)(1) and how to handle statements when the declarant testifies. The proposal adopts the view that the hearsay problems vanish (or at least reduce) when the declarant testifies. The committee will consider several proposals--from amending 801(c) to exclude from the definition of hearsay a witness' own statements to amending 801(d)(1) to make all witness prior statements admissible to amending 801(d)(1)(A) to make all prior inconsistent statements admissible (even when not made under penalty of perjury). As with the 609 proposal, this is many years from passage, if at all; but it shows how the Committee is thinking and how much this law may change over the course of your careers.
