In California, as in other jurisdictions, there are several exceptions to the hearsay rule that allow certain types of hearsay evidence to be admitted in court. The California Evidence Code provides for these exceptions, which are designed to ensure that reliable and trustworthy hearsay evidence can be considered by the trier of fact. Here are some of the key exceptions to the hearsay rule in California:
- Present Sense Impression (Evidence Code § 1240): Statements made contemporaneously with the event they describe, or immediately thereafter, are admissible as an exception to the hearsay rule if they describe or explain the event.
- Excited Utterance (Evidence Code § 1240): Statements made under the stress or excitement of a startling event, and before the declarant has had time to reflect or fabricate, are admissible as an exception to the hearsay rule.
- Statements for Medical Diagnosis or Treatment (Evidence Code § 1250): Statements made by a patient to a healthcare provider for purposes of medical diagnosis or treatment are admissible as an exception to the hearsay rule, provided they are reasonably pertinent to diagnosis or treatment.
- Business Records (Evidence Code § 1271): Records kept in the regular course of business are admissible as an exception to the hearsay rule if they were made at or near the time of the event they describe, by a person with knowledge of the event, and if it was the regular practice of the business to make such records.
- Prior Testimony (Evidence Code § 1291): Testimony given by a witness in a prior proceeding is admissible as an exception to the hearsay rule if the witness is unavailable to testify in the current proceeding and the party against whom the testimony is offered had the opportunity to cross-examine the witness in the prior proceeding.
- Admissions by Party-Opponent (Evidence Code § 1220): Statements made by a party to the case, offered against that party, are admissible as an exception to the hearsay rule. This includes statements made by a party’s agent or employee concerning a matter within the scope of their agency or employment.
- Statements Against Interest (Evidence Code § 1230): Statements that are against the declarant’s interest when made, and which a reasonable person in the declarant’s position would not have made unless they believed the statement to be true, are admissible as an exception to the hearsay rule.
- Public Records and Reports (Evidence Code § 1280-1282): Records or reports of public offices or agencies setting forth the activities of the office or agency, or matters observed pursuant to a duty imposed by law, are generally admissible as an exception to the hearsay rule.
These are some of the main exceptions to the hearsay rule in California, but there are others listed in the California Evidence Code. It’s important for attorneys to be familiar with these exceptions and to be prepared to argue for the admission or exclusion of hearsay evidence based on these exceptions during trial proceedings.