LAW 682 Lecture Notes - Lecture 10: Declarant
Document Summary
Hearsay exceptions: medical treatment; recorded recollection; hearsay within. Purpose requirement-statement must be made for purposes of medical diagnosis or treatment. Different kind of purpose limitation than other fr-applying to declarant. Content limitation-statement must describ[e] medical history, or past or present symptoms, pain or sensations, or the inception or general character of the cause or external source thereof insofar as reasonably pertinent to diagnosis or treatment. Doesn"t apply just to doctors; not just limited to statements made by patients. Sexual abuse/domestic violence cases (1) identity comes in because trying to prevent abuse (2) psychiatric care-reason to let in-obtain psychiatric treatments. Two rationales: accurate diagnosis-interested in well-being, statements relied on by expert to reach conclusion; let in for hearsay (truth of matter asserted)-b/c jury can"t tell the difference between the two rationales. Rationale not satisfied, but rules satisfied-try not to let in.
