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Hearsay Exception #4 – Statements Made for the Purpose of Medical Diagnosis or Treatment | Judge Bonnie Sudderth
https://judgebonniesudderth.wordpress.com/2014/06/11/hearsay-exception-4-statements-made-for-the-purpose-of-medical-diagnosis-or-treatment
Law Blog on the Texas Rules of Evidence. Hearsay Exception #4 – Statements Made for the Purpose of Medical Diagnosis or Treatment. The fourth hearsay exception found in Texas Rules of Evidence 803 pertains statements made for the purpose of receiving a medical diagnosis or treatment. In order to fall within this exception, the statement must describe:. The declarant’s medical history,. Past or present symptoms, pain, sensations, or. Otherwise, in the circumstance of ongoing treatment, the justification f...
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Hearsay Exception #3 – Then-Existing Mental, Emotional or Physical Condition | Judge Bonnie Sudderth
https://judgebonniesudderth.wordpress.com/2014/02/02/hearsay-exception-3-then-existing-mental-emotional-or-physical-condition
Law Blog on the Texas Rules of Evidence. Hearsay Exception #3 – Then-Existing Mental, Emotional or Physical Condition. The third hearsay exception – TRE’s 803(3). Then existing mental, emotional or physical condition. 8211; is also similar to the first hearsay exception, the present sense impression. As its name implies, this exception applies to statements about a declarant’s state of mind. At the time the statement is made. Likewise, while a statement regarding the. Unless the statement is related to t...
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Hearsay Exception #2 – The Excited Utterance Exception | Judge Bonnie Sudderth
https://judgebonniesudderth.wordpress.com/2013/09/08/hearsay-exception-2-the-excited-utterance-exception
Law Blog on the Texas Rules of Evidence. Hearsay Exception #2 – The Excited Utterance Exception. Hearsay exception number two –. The excited utterance exception. The rationale for the excited utterance exception, on the other hand, is rooted in its. An event or condition, whereas, excited utterances need only relat(e). To a startling event or condition. For the excited utterance exception to apply, three conditions must be met:. The statement must relate to the circumstances of the occurrence preceding it.
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22 | October | 2011 | Judge Bonnie Sudderth
https://judgebonniesudderth.wordpress.com/2011/10/22
Law Blog on the Texas Rules of Evidence. October 22, 2011. According to Rule 601(a) of the Texas Rules of Evidence, the following witnesses shall be incompetent. The Burden of Proof:. Render the witness’ testimony incompetent). Notably missing from this analysis is any requirement that the testimony be consistent, and it is important to keep that in mind. Inconsistencies in testimony will not render a witness incompetent. For example, in. Rodriguez v. State. Applicability of the Rule. You are currently b...
