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Hearsay Evidence

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Exception - Dying Declaration
Carl dies before trial. On his deathbed, he tells his daughter that the light was green. When his daughter testifies at trial for Bob, Allen makes a hearsay objection. How do you rule?
  1. Sustained. The daughter’s statement as to what her father said is hearsay.
  2. Overruled. The testimony is hearsay, but the dying declaration exception to the hearsay rule applies.
  3. Overruled. The testimony is not hearsay.

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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