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Hearsay Review

This paper from Prof. Franklin Rosenblatt offers an excellent review of basic hearsay, including when a statement is offered TMA.

Part I offers one statement and shows how TMA depends on the very different fact(s) you can try to prove with that statement. Part II gives 31 examples and asks whether they are hearsay; test yourself.

For Monday, November 17

Monday audio. No class on Tuesday. Next Monday, we will do an extra hour (1-2, followed by regular class. Judicial Lecture at 12:30 on Wednesday in the Large Courtroom.

Quick point on Question # 227: Kelly's statement (the inner declarant) is admissible; Kerry's statement (the outer declarant) is not. So Jesse can testify to Kelly saying she had found the pendant; she cannot testify to what Kelly said Kerry said. 

For Monday, we will finish the final problems on Spontaneous Statements, then prep Documentary Exceptions and Other Documents. We will get to Declarant Unavailable later on Tuesday.

For Monday, November 10

Tuesday audio. No class next Tuesday, November 11. Lunch time make-up at 1 p.m. on Monday, November 17 and Monday, November 24. Moot Court semis at 6 tomorrow; Finals at 6 next Wednesday (Nov. 12). Judicial Lecture at 12:30 p.m. next Wednesday, November 12.

Most of Monday will be spent on Spontaneous Statements, but we might get to Documentary Exceptions towards the end. Otherwise, we will get to it the following Monday make-up and regular class.

For Tuesday, November 4

Monday audio.

Move to Exceptions: Spontaneous Statements, covering FRE 803(1)-(4). This will cover much of tomorrow and into next Monday. 

Final Make-up Classes

We have made up 2 hours of the 3:45 in cancelled class. Because of room scheduling, we will have to do this in two bursts:

 • Monday, November 17: 1 p.m.

• Monday, November 24: 1 p.m. 

For Monday, November 3

Tuesday audio.

Finish Introduction to Hearsay, the move to Exclusions. Make sure you see the proposed amendment to FRE 801(d) (p.355), which would take effect in December 2026.