Prep Exclusions (FRE 801(d)). What is the difference between an exclusion and an exception? What are the possible ways to handle out-of-court statements where the declarant testifies? How does 801(d) draw that line?
Move to Spontaneous Statements, covering FRE 803(1)-(4); read the rules and Committee notes and the C&S reading but leave the problems for next week. What are the elements of each of 803(1)-(4) and what gives the statements in these exceptions sufficient guarantees of trustworthiness? What is the difference between a statement offered not for the truth to show state of mind and a statement of state of mind under 803(3)?
