Term
Present Sense Impression
803(1) |
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Definition
| A statement describing or explaining an event or condition, made while or immediately after the declarant perceived it. |
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Term
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Definition
| A statement relating to a startling event or condition, made while the declarant was under the stress of excitement that it cause. |
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Term
Then-Existence Mental, Emotional or Physical condition
803(3) |
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Definition
| A statement of the declarant's then-existing state of mind(such as motive, intent, or plan) or emotional, sensory, or physical condition(pain, bodily health), but NOT including a statment of memory or belief to prove a fact remembered or believed unless it relates tot he validity or terms of the declarant's will. |
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Term
Recorded Recollection
803(5) |
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Definition
A record that:
(A) is on a matter the witness once knew abut but now cannot recall well enough to testify fully and accurately
(B) was made or adopted by the witness when the matter was fresh in the witness' memory
(C) accurelty reflects the witness's knowledge
If admitted the record may be read into evidence but may only be received as an exhibit only if offered by an adverse party. |
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Term
| What are the four requirements of a past recorded recollection? |
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Definition
1) The author of the memorandum has first-hand knowledge of the facts recited in the document
2) The memorandum was made at a time when the author had a clear recollection of the subject matter of the document
•The author doesn’t have to have immediately written down the information→ it just has to be fresh oh his mind
3) The author must lack present recollection
4)The witness must vouch for the accuracy of the written memorandum |
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