Welcome back to the Bar Exam Toolbox podcast! In today’s episode, we cover two more hearsay exceptions — prior testimony and past recollection recorded. You can find more on the topic of hearsay exceptions in episodes 101, 115, and 132.
In this episode we discuss:
- A review of the definition of hearsay
- When is a declarant deemed unavailable as a witness?
- The rules for the prior testimony exception and the past recollection recorded exception
- Questions involving multiple hearsay
- Going through two hypos from previous California bar exams
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Resources:
- “Listen and Learn” series
- California Bar Examination, February 2012
- Podcast Episode 89: Listen and Learn – What Is Hearsay?
- Podcast Episode 101: Listen and Learn – Present Sense Impression vs. State of Mind
- Podcast Episode 115: Listen and Learn – Dying Declaration vs. Excited Utterance
- Podcast Episode 132: Listen and Learn – Hearsay Exceptions: Government and Business Records
- Tackling MBE Hearsay Questions
Prefer to read? Download the Transcript
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