Get MI-801D

The following are not excluded by the rule against hearsay, regardless of whether the declarant is available as a witness: (1) Present Sense Impression. ... (2) Excited Utterance. ... (3) Then-Existing Mental, Emotional, or Physical Condition. ... (4) Statement Made for Medical Diagnosis or Treatment.

(a) The statement is an identification of a party or another as a person who participated in a crime or other occurrence; (b) The statement was made at a time when the crime or other occurrence was fresh in the witness' memory; and (c) The evidence of the statement is offered after the witness testifies that he made ...

Federal Rule 801(d)(1) provides for three situations where out- of-court statements by a witness are excluded from the hearsay rule. Such out-of-court statements include prior inconsistent statements, prior consistent statements and statements identifying a person.

A prior consistent statement is not a hearsay exception; the FRE specifically define it as non-hearsay.

The following are not excluded by the rule against hearsay, regardless of whether the declarant is available as a witness: (1) Present Sense Impression. ... (2) Excited Utterance. ... (3) Then-Existing Mental, Emotional, or Physical Condition. ... (4) Statement Made for Medical Diagnosis or Treatment.

The justification for this hearsay exception is the belief that the “earlier identification has greater probative value than an identification made in the courtroom after the suggestion of others and the circumstances of the trial may have intervened to create a fancied recognition in the witness' mind.” Gilbert v. ...

For example, in a family law case, Henry wants to testify that his wife's mother, Mother May, stated that she saw the wife, Wendy, hit their child. Since Henry is testifying to what Mother May said, this testimony could be hearsay.

"Hearsay" is a statement, other than the one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.