1 In the absence of the declarant or when testimony is offered of the witness own past statements the gap must exceed value.

Rule of exclusion of hearsay evidence. It is a purposive rule. The proposed Rules of Evidence submitted to Congress contained identical provisions in rules 803 and 804 which set forth the various hearsay exceptions admitting any hearsay statement not specifically covered by any of the stated exceptions if the hearsay statement was found to have comparable circumstantial guarantees of trustworthiness. 1 Present Sense Impression.

I am here to cover entire APO and Judiciary Syllabus with deep conceptual k. The hearsay rule a A purposive rule. The hearsay rule--exclusion of hearsay evidence 1 Evidence of a previous representation made by a person is not admissible to prove the existence of a fact that it can reasonably be supposed that the person intended to assert by the representation.

For example a statement that qualifies as an exception to the hearsay rule must be relevant and admissible under Article 4 and be based on personal knowledge rule 602 before it can be admitted into evidence. Hearsay is an out of court statement offered to prove the matter asserted in the statement. The UEA creates a basic exclusionary rule for hearsay evidence but it is narrower than that at common law it captures only intentional implied assertions and the exceptions are generally broader.

The most important of the rules of evidence is that generally hearsay evidence is inadmissible. A statement qualifying as an exception to the hearsay rule must satisfy other provisions in these rules before it is admissible. The hearsay rule-exclusion of hearsay evidence 1 Evidence of a previous representation made by a person is not admissible to prove the existence of a fact that it can reasonably be supposed that the person intended to assert by the representation.

The truthfulness and accuracy of the person whose words are spoken by another witness cannot be tested by cross-examination and the light which his demeanour would throw on his testimony is lost. The exclusion of hearsay evidence is set out in Section 59 of the C ommonwealth Evidence Act. The exclusionary rule set out in s591 is referred to as the hearsay rule.

Typically these exceptions were formulated by courts faced with situations in which the hearsay nature of the evidence was outweighed by considerations of necessity and. The hearsay rule--exclusion of hearsay evidence Evidence of a previous representation made by a person is not admissible to prove the existence of a fact that it can reasonably be supposed that the person intended to assert by the representation. The following are not excluded by the rule against hearsay regardless of whether the declarant is available as a witness.