LA Legal Services Presents - Evidence (Hearsay Exception: Dying Declaration)

In Los Angeles, evidence is an important consideration for attorneys, lawyers, litigators, and professionals in business. Los Angeles lawyers must know the essential elements to litigation and understanding the rules of evidence are important for. Rules of Evidence in California, particularly Los Angeles are understood by specialists in DUI defense, personal injury settlements, or contract and tort law.

In evidence, one of the biggest bar on the introduction of evidence is the hearsay rule. In California - including Los Angeles and Orange County - Evidence Code section 1200 et seq. defines Hearsay and it's applicable exceptions.. Hearsay is any (1) out of court (2) statement that is (3) true for it to be relevant. This concept is understood by legal professions, and you should contact a qualified experienced attorney at Los Angeles Legal Services. In Los Angeles and Orange County, hearsay is inadmissible unless it is immaterial that that statement is true, or if there is an established exception to hearsay, such as excited utterance or declaration against interest (there are many more).

One of the exceptions to Hearsay is the Dying Declaration. Hearsay is excluded because it is considered inherently unreliable. The exceptions to the rule of hearsay are those out of court statements - which need to be true in order to be relevant - which common experience tells us are inherently reliable. It is perceived by courts that an individual who makes a statement just as they are dying (or genuinely believe they are about to die) is going to seriously accurate. As a result, if person A happens on person B, and person B has just been shot, and then person B says, "Person C did this to me!" Person A can then testify in court that Person B said exactly that. And any objections about hearsay would be overruled, because, Dying Declarations are an established and "well rooted" exception to Hearsay.

(This will be explored later, but the case of Crawford v. Pennsylvania - a Supreme Court case - bared some times of hearsay exceptions where the declarant [or the person making the statement] would not be available for cross-examination. Interestingly, Dying Declarations is one hearsay exception that is not barred by the ruling in Crawford.)

Hearsay is a common objection raised during most legal proceedings. Proposition 115 has made hearsay evidence admissible under certain circumstances in California's Preliminary Hearings, and probation violation hearings also allow hearsay as long as there is a "indicia of reliability". Although it is a fundamental concept in the law, it still a confusing concept and many people are easily confused by it. If you feel that you need help understanding evidence or taking action in litigation against someone who has wronged you, you may be entitled to relief. You should contact an experienced litigator at Los Angeles Legal Services Today today!