HEARSAY
RULE
EXCEPTIONS TO THE
HEARSAY
RULE
:
Those which are hearsay
but
are
considered
as
exceptions to the hearsay
rule
and
are
therefore
admissible.
EXCEPTIONS TO THE
HEARSAY RULE :
g.
a. Dying
Entries
declaration
in the course
(Sec. 37)
of business
(Sec.
43)
b. Declaration
against interest (Sec. 38)
h.
official records
(Sec.
44)
c. Entries
Act orindeclaration
about
pedigree
i.
(Sec.
Commercial
39)
lists and the like (Sec. 45)
j.
d.Learned
Familytreatises
reputation
(Sec. 46)
or tradition
regarding
pedigree
k.
Business
records (Sec.
made40)
by electronic,
optical
e. Common
or other
reputation
similar(Sec.
means.
41) (Sec. 8,
(Sec. 37)Dying
quisites
for an Admissible of Dying Declarati
declaration
a. The statement concerns the crime and
surrounding circumstance of the declarants
death;
b. At the time it was made, the declarant
was under the consciousness of an
impending death;
c. The declarant would have been
competent as a witness had he survived;
(Sec. 37)Dying
declaration
The determination of
consciousness of impending
death
may come
from:
Important:
The admissibility
of an ante
1)
Utterances;
mortem declaration is not affected by
2)
Circumstances;
and
the fact that the declarant died hours or
3) Actualdays
character
several
afterandmaking
his
seriousnessItof is
his sufficient
wounds. that he
declaration.
believed himself in imminent danger of
(Sec. 37)Dying
declaration
Reasons
for admissibility
1) Necessity the declarants
death renders impossible his
taking the witness stand.
2) Trustworthiness The mind is
induced by the most powerful
consideration to speak the truth.
(Sec. 38)Declaration
against interest
Requisites:
(Sec. 39)Act or
declaration about
pedigree
Definition:
Pedigree The history of family
descent which is transmitted
from one generation to another
by
both
oral
and
written
declarations and by traditions.
(Sec. 39)Act or
declaration about
pedigree
Requisites:
1) That declarant is dead or unable to
testify;
2) That pedigree is in issue;
3) That declarant be related to the person
whose pedigree is the subject of inquiry;
4) That such relationship be shown by
evidence other than the declaration; and
5) That the declaration was made ante
(Sec. 39)Act or
declaration about
pedigree
rth certificate as evidence of filiation:
It should be one which the
father intervened and which he
signed, an acknowledgement
that he is the father of the child.
(Sec. 39)Act or
declaration about
pedigree
Rule
Not Applicable to Adoption:
The absence of proof of an order of
adoption by the court, as provided by
the statute, cannot be substituted by
parol evidence that a child has lived
with a person, not his parent, and has
been treated as a child to establish
such adoption.
(Sec. 40)Family
reputation or
tradition regarding
Definition:
Family reputation such declarations and statements
pedigree
as have come down from generation to generation
from deceased relatives in such a way that even
though it cannot be said or determined which of the
deceased relative originally made them or was
personally cognizant of the facts stated therein, yet it
appears that such declarations and statements were
made as family history. Tradition knowledge, belief or
practices, transmitted orally from father to son, or from
ancestors to posterity.
(Sec. 40)Family
reputation or
Requisites:
tradition regarding
1) There is controversy in
pedigree
respect to the
pedigree of any members of the family;
2) The reputation or tradition of the pedigree of
the person concerned existed previous to the
controversy; and
3) The witness testifying to the reputation or
tradition regarding the pedigree of the person
concerned must be a member of the family of
(Sec. 40)Family
reputation or
tradition
regarding
Entries in family bibles or other family
pedigree
books or charts, engraving on rings,
family portraits and the like, may be
received as evidence of pedigree.
Note: The reputation is the one known
in the family circles and not in the
community, except the reputation with
(Sec.43)Entries
in the course of
In the Ordinary Course of Business
business
(Sec.43)Entries
in the course of
Requisites:
business
3)
Entries must
must have
1) Entries
have been
been made
made by
at
entrant
his time
professional
or in
or nearinthe
of the capacity
transaction,
the
performance
of his duty;
to which
they refer;
4) Entries were made in the ordinary or
2) Entrant
have orbeen
a
regular
coursemust
of business
duties;inand
position
know
facts stated
in
5)
Entranttomust
be the
deceased
or unable
the entries;
(Sec. 46)Learned
treatises
Basis:
The Alabama Rule
standard medical treatises and
works are admissible in so far as
they are relevant to the issues in the
particular case.
(Sec. 46)Learned
treatises
Requisites:
electronic,
optical or other similar
means.
(Sec.
8,
Rules
on
Requisites:
Electronic
Evidence)
1) A
report,
recordcourse
or data,
4)
It memorandum,
was kept in the
regular
or
compilation
of business
acts, events,
conditions,
opinions,
conduct
of a
activity,
and such
was
or diagnoses
by electronic,
opticalthe
or
the
regularis made
practice
to
make
other
similar
means;
memorandum, report, record, or data
2) It was made
or near the
time of
from
compilation
by at
electronic,
optical
or or
similar
transmission
or
supply
of
information;
means; and
Former Testimony
testimony which has been adduced at
an earlier proceeding; may be classified as
an exception to the hearsay prohibition, or
it may be considered as non-hearsay
under the theory that the requirements of
the hearsay concept have been met.
THE
END