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Courses/Law/Evidence

Evidence 101 (Part 3): The Hearsay Exceptions

Navigating Non-Hearsay and Hearsay Exceptions with Practical Hypotheticals

Created byMichael J. DeBlis III, Esq.
4.7
(3 reviews)
BeginnerUpdated Oct 22, 2023
Evidence 101 (Part 3): The Hearsay Exceptions

What You'll Learn

check_circleExplore advanced concepts in hearsay rules
check_circleUnderstand the distinction between hearsay and non-hearsay evidence
check_circleIdentify and analyze common hearsay exceptions used in litigation
check_circleDevelop a practical framework for effectively addressing hearsay issues in courtroom scenarios

About This Course

This presentation picks up where Evidence 101 (Part 2) left off. The presenter will cover the hearsay rules, including nonhearsay and the hearsay exceptions. The hearsay rules are a litigator's toolbox and the best way to understand them and how they work is through practical, hands-on hypotheticals that come directly from the courtroom. The presenter will break down the hearsay rule into its component parts and provide a framework for analyzing hearsay issues that is easy to recall and apply in the heat of the moment. Come join us for this presentation.

This course will guide you through:

  • Understanding the core definition of hearsay, including what constitutes a "statement" and who is a "declarant," and the critical difference between offering evidence for its truth versus other purposes (non-hearsay).
  • Identifying evidence that, though seemingly hearsay, is defined as non-hearsay under the rules (Rule 801(d)), such as prior inconsistent/consistent statements, prior identifications, and various forms of admissions (direct, adoptive, authorized, vicarious, co-conspirator), using practical examples.
  • Exploring the numerous hearsay exceptions where the declarant's availability is irrelevant (Rule 803), including present sense impressions, excited utterances, statements of mental/physical condition, past recollection recorded, business records, public records, vital statistics, family records, ancient documents, learned treatises, and final judgments.
  • Examining hearsay exceptions that require the declarant's unavailability (Rule 804), and understanding the specific criteria for each.

Through practical examples and a step-by-step approach, you will learn to analyze statements, determine their purpose, apply the correct rules and exceptions, and develop a practical toolkit for navigating hearsay issues in real-time courtroom scenarios. Gain the confidence to make timely objections and arguments based on a solid understanding of hearsay exceptions.

Your Instructor

Michael J. DeBlis III, Esq.
Michael J. DeBlis III, Esq.

Trial, entertainment law and U.S. international tax law

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star729 reviews

Michael is a partner in the boutique law firm of DeBlis Law where he specializes in tax compliance and entertainment law. Michael graduated from Western Michigan University School of Law in 2007 and later went on to earn his Masters of Law in taxation (LL.M.) from Thomas Jefferson School of Law in 2012. As a former public defender, Michael has spent nearly eight years cutting his teeth on some of the most serious felony cases to pass through the state courts of New Jersey. Michael’s unique background in tax law puts him into an elite category of criminal defense attorneys who specialize in criminal tax defense. His extensive trial experience and solid grounding in all major areas of federal taxation make him uniquely qualified to handle any white-collar case, no matter how sophisticated it might be. Michael is known for his creativity, his charismatic personality, and his unyielding dedication to his clients. As a graduate of the National Criminal Defense College, Michael has trained under some of the best known criminal defense attorneys in the country. That experience has taught him that justice for a person accused of a crime is only won through a full understanding of the client and the case. To that end, Michael attempts to understand each client’s case as a convincing narrative, not just as a set of innocuous facts and arcane legal rules. When he's not in the courtroom, you can find Michael on stage. As a professionally trained actor, Michael's passionate about helping trial lawyers harness the power of persuasion and positive communication in the courtroom in order to connect to the jury on a human level. Michael's training as an actor allows him to combine a unique blend of left-brain thinking with right brain artistry to make even the most dull and abstract areas of the law come to life. This burst of creativity has contributed to Michael's success as a distinguished author and sought-out speaker. Michael has written articles that have been published in leading tax journals, such as "CCH Journal of Tax Practice and Procedure," "EA Journal," "Global Tax Weekly," and "ABA News Quarterly" and is a columnist for "Law360." He has been featured on the media affiliates of several major media networks, including NBC, ABC, CBS, Fox, and CNN. Michael is a living example of the tremendous power that comes from combining passion, preparation, persuasion, and positive communication in the courtroom. His courage and relentless work ethic have earned him a reputation as a zealous advocate and one of New Jersey's rising stars of the legal profession.

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What Students Are Saying

4.7
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