Tuesday audio. No class Monday. Judicial Lecture at 12:30 next Tuesday (Nov. 12); class participation awarded for attending.
Move to Spontaneous Statements; prep all of it. 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)? Consider:
• Read the Advisory Committee Notes on FRE 803(3) and the discussion of Hillmon. What inferences can be drawn from the following:
W --- Dec ("Tomorrow, I'm taking my kids to the zoo along with Jim and his kids").
What pieces of this come in under FRE 803(3)? What about the following:
W --- Dec ("Tomorrow, Jim is taking his kids to the zoo.")
• Why does 803(3) not allow statements of memory or belief?
