If a party against whom a request for admission doesn’t respond within 21 days, what happens?
Request is deemed admitted
This rule applies to legal proceedings regarding admissions of fact.
Define hearsay.
A statement, verbal or nonverbal, made NOT by the person testifying AND offered to prove the truth of the matter asserted
Hearsay is generally not admissible unless it falls within recognized exceptions.
What must the court first do regarding the declarant in a hearsay statement?
Identify/authenticate the declarant
The declarant is the person who made the statement.
What types of statements can be considered hearsay?
- Oral
- Written
- Nonverbal conduct intended as an assertion
Hearsay statements are generally inadmissible unless they meet certain exceptions.
List the exceptions to hearsay in Virginia.
- Admission by party-opponent
- Present sense impression
- Excited utterance
- Then existing mental, emotional, or physical condition
- Statements for medical treatment
- Record of regularly conducted activity
- Public records
- Records of vital stats (birth, death, marriage)
- Ancient documents (30 years)
- Out-of-court statement by a criminal defendant as a party admission
These exceptions allow certain hearsay statements to be admissible in court.
What is required for an out-of-court statement by a criminal defendant to be admissible as a party admission?
Court must find by a preponderance of the evidence that the declarant was the defendant
This is a legal question of admissibility determined by the judge.
Define the excited utterance exception.
Spontaneous/impulsive statement prompted by a startling event made by a declarant with firsthand knowledge at the time
This exception allows certain statements made in the heat of the moment to be admissible.
What is required for the record of regularly conducted activity exception?
- Record made at or near time of event by someone with knowledge
- Made and kept in regular course of business
- Making/keeping that record was a regular practice
- Testimony of custodian
- No indication of lack of trustworthiness
This exception allows business records to be admissible in court.
How can a video be authenticated as a witness to an event?
- Witness with firsthand knowledge can confirm events depicted
- Silent witness rule: expert testifies that video recording was reliable and accurate and unaltered
Authentication is necessary for the video to be admissible as evidence.
True or false: Statements made during settlement negotiations are admissible in civil cases if offered to prove the validity/amount of claim.
FALSE
Such statements are prohibited from admission in civil cases.
What does spousal testimonial privilege apply to?
Applies in criminal cases only
It prevents one spouse from being compelled to testify against the other if they are currently married.
What does marital communications privilege protect?
Confidential conversations made privately between spouses during marriage
This privilege continues after divorce and does not apply where spouses are adverse to one another.
What is the best evidence rule?
Copy of original document can be admitted if original is lost or unavailable
The copy must have been made in the regular course of business and must be authenticated.
What can the court take judicial notice of?
- Common knowledge
- Factual matter not subject to reasonable dispute
- Laws of other states
Judicial notice allows the court to recognize facts that are widely accepted and do not require evidence.
When can summaries be admitted in court?
When the contents of a voluminous writing cannot be adequately examined in court
The summary must be made available to the other parties at a reasonable time and place.
