1. No: Admissible
2. Hearsay Rule: NOT ADMISSIBLE FRE 802
3. II. EXCEPTIONS
   1. 1. Is it a party admission? 801(b)(2)
      1. (A) own statement
      2. (B) party manifests adoption or belief it's true
      3. (C)spokesperson
      4. (D)employee/agent within scope
      5. (E) co-conspirator during or in furtherance
   2. 2. Is it 6 Exceptions 803?: A whether or not hearsay EU,PSI,SOM,MD,BR,PR >EPSMBP
      1. (1) Present Sense Impression (while/immediately after event)
      2. (2) Excited Utterance (while or immediately after stress of excitement.
      3. (3) State of Mind (physical, emotional, plan)
      4. (4) Medical Diagnosis (patient's words, not doctors)
      5. (6) Business Records (routine, need records custodian or person w/ K to lay foundation
      6. (8) Public records (except against criminal defendant)
   3. 3. Declarant has to be UNavailable? 804(b)
      1. (1) Former testimony (watch for presence of opportunity or similar motive to develop testimony at original hearing by party against whom it's now being offered)
      2. (3) Statement Against Interest (pecuniary, proprietary, penal)
      3. (2) Dying declaration (who killed him)
   4. 4. Is if Minor Exceptions?
      1. 803(9-23)
      2. 804(b)(4-5)
      3. 801(d)(1)
4. Admissible Hearsay
   1. 1. Criminal Prosecution?
      1. Yes
      2. No: H, but Admissible
   2. 2. Offered by G?
      1. Yes
      2. No: A
   3. 3. Can be considered "testimonial?"
      1. Yes
      2. No: A
   4. 4. declarant subject to cross-exam re: subject matter of statement?
      1. No. H, INADMISSIBLE under 6th Amendment. criminal defendant's right to confront witness against him (Crawford v. Washington)
      2. Yes: A
5. What is Hearsay?
   1. 1. Made out of court? 801(c)
   2. 2. Words or acts: oral or written? 801(a)
   3. 3. Made by declarant? 801(c)
   4. 4. offered for TOMA? 801(c)