In Utah, the rules and exceptions to hearsay are governed by the Utah Rules of Evidence, specifically Rules 801, 803, and 804. Here is a detailed summary of these rules and their exceptions:
Definition of Hearsay (Rule 801)
Hearsay Defined
Hearsay is defined as an out-of-court statement made by someone other than the declarant while testifying at the trial or hearing, which is offered to prove the truth of the matter asserted in the statement.
Statements That Are Not Hearsay
Certain statements are explicitly excluded from the definition of hearsay:
- Prior Statements by Witnesses: If the declarant testifies at the trial or hearing and is subject to cross-examination about a prior statement, the statement is not considered hearsay if:
- It is inconsistent with the declarant’s testimony and was given under oath.
- It is consistent with the declarant’s testimony and is offered to rebut an accusation of recent fabrication or improper influence.
- It identifies a person as someone the declarant perceived earlier.
- Admissions by Party-Opponent: Statements made by a party and offered against that party are not hearsay.
Exceptions to Hearsay (Rule 803)
Rule 803 lists exceptions to the hearsay rule that apply regardless of whether the declarant is available as a witness:
- Present Sense Impression: A statement describing or explaining an event or condition made while the declarant was perceiving it or immediately thereafter.
- Excited Utterance: A statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition.
- Then-Existing Mental, Emotional, or Physical Condition: Statements of the declarant’s then-existing state of mind, emotion, sensation, or physical condition.
- Statements for Medical Diagnosis or Treatment: Statements made for purposes of medical diagnosis or treatment describing medical history, symptoms, or the cause of the condition.
- Recorded Recollection: A record that is on a matter the witness once knew about but now cannot recall well enough to testify fully and accurately.
- Records of Regularly Conducted Activity: Records of acts, events, conditions, opinions, or diagnoses made at or near the time by someone with knowledge, if kept in the course of a regularly conducted business activity.
- Public Records: Records or statements of a public office setting forth the office’s activities, matters observed while under a legal duty to report, or factual findings from a legally authorized investigation.
Exceptions When the Declarant is Unavailable (Rule 804)
Rule 804 provides exceptions to the hearsay rule when the declarant is unavailable as a witness:
- Former Testimony: Testimony that was given as a witness at another hearing or in a deposition, and is now offered against a party who had an opportunity and similar motive to develop the testimony by direct, cross, or redirect examination.
- Statement Under Belief of Imminent Death: In a prosecution for homicide or in a civil case, a statement made by the declarant while believing their death was imminent, concerning the cause or circumstances of what they believed to be their impending death.
- Statement Against Interest: A statement that was so contrary to the declarant’s proprietary or pecuniary interest, or had so great a tendency to invalidate the declarant’s claim against someone else, that a reasonable person in the declarant’s position would not have made the statement unless believing it to be true.
- Statement of Personal or Family History: Statements about the declarant’s own birth, adoption, marriage, divorce, legitimacy, relationship by blood, adoption, or marriage, or similar facts of personal or family history.
- Forfeiture by Wrongdoing: A statement offered against a party that wrongfully caused the declarant’s unavailability as a witness, and did so intending that result.
These rules and exceptions are designed to ensure that only reliable evidence is admitted in court, balancing the need for evidence with the rights of the parties involved.
For more detailed information, you can refer to the Utah Rules of Evidence directly on the Utah Courts website [1][2][3].
Citations: [1] https://legacy.utcourts.gov/rules/view.php?rule=801&type=ure [2] https://legacy.utcourts.gov/rules/view.php?rule=803&type=ure [3] https://casetext.com/rule/utah-court-rules/utah-rules-of-evidence/article-viii-hearsay/rule-804-exceptions-to-the-rule-against-hearsay-when-the-declarant-is-unavailable-as-a-witness