Hearsay Question--HELP Forum

(Study Tips, Dealing With Stress, Maintaining a Social Life, Financial Aid, Internships, Bar Exam, Careers in Law . . . )
Post Reply
lawschool32324

New
Posts: 17
Joined: Mon Jan 13, 2014 1:33 pm

Hearsay Question--HELP

Post by lawschool32324 » Thu Dec 03, 2015 6:59 am

Under which hearsay rules is it necessary for the declarant/ witness to be available to testify? Is it just circumstances under 801(d)(1)(a) and (b), and 801(d)(2)? Or does it also apply to the 803 rules? Any clarification of this will be greatly appreciated. Thanks in advance!
Top
User avatar
Slytherpuff

Platinum
Posts: 5401
Joined: Thu Jun 13, 2013 12:50 pm

Re: Hearsay Question--HELP

Post by Slytherpuff » Mon Dec 07, 2015 3:34 pm

You should have an available declarant for the 801(d)(1) rules. It doesn't matter if they're present for 801(d)(2) or the 803 rules, although I feel like most of the time the declarant will be available for 801(d)(2). And obviously for 804 you need the declarant to be unavailable. Good luck!
Top
lawschool32324

New
Posts: 17
Joined: Mon Jan 13, 2014 1:33 pm

Re: Hearsay Question--HELP

Post by lawschool32324 » Mon Dec 07, 2015 9:33 pm

Thank you!
Top
Post Reply

Return to “Forum for Law School Students”