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Hearsay Evidence

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Exception - Excited Utterance
Officer Ketchum testifies that when he arrived at the scene, Carl, waving his arms wildly, shouted at him repeatedly that Bob ran a red light. How would you respond to Bob’s hearsay objection?
  1. Sustained. Out-of-court statement, clearly offered to prove truth of the matter asserted.
  2. Overruled. Admissible because Officer’s testimony is reliable.
  3. Overruled. Admissible because Carl’s excited condition made his statement reliable.

Review The Accident


Copyright Institute of Public Law
Judicial Education Center
MSC11 6060
1 University of New Mexico
Albuquerque, NM 87131-0001
505-277-5006
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