This chapter examines some of the principal hearsay exemptions not addressed in depth in prior chapters.

One set of exceptions applies to spontaneous statements. This includes statements relating to a startling event or condition made while under the resultant stress of excitement and statements of what the declarant perceived as she made the statement, or immediately before. A related exception applies to statements of the declarant’s own present condition. And that exception has been held to extend to statements of the declarant’s intention, as offered to prove conduct in accordance with the intention (and sometimes even joint conduct with another person). An outgrowth of the exception for statements of personal condition is one for statements made for purposes of medical diagnosis or treatment.

Another important exception is for regularly kept records of an organization, which verges on a broad exception for public records. By rule or by judicial decision, these exceptions are limited so they do not generally allow testimonial statements to be admitted against criminal defendants.

Statements that when made were against broadly defined interests of the declarant are excepted from the hearsay rule if the declarant is unavailable to testify live. At times, courts have been careless in preventing this doctrine from allowing a confession to be admitted against an accused other than the confessor.

Some jurisdictions have adopted “tender years” exceptions for certain statements by children.

A residual exception allows the court to make a statement-specific determination that the hearsay rule should not bar admission.

The chapter summarizes the most important of the hearsay exemptions, including the one for admissions, statements made by, or otherwise (sometimes dubiously) attributed to the party against whom they are offered.

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