Does a finding of probable credibility by a judge apply the hearsay exception?

MultiRegion, United States of America

The following excerpt is from U.S.A v. Farhane, Docket No. 07-1968-cr (L), Docket No. 07-5531-cr (CON) (2nd Cir. 2011):

In United States v. DiMaria, 727 F.2d 265 (2d Cir. 1984) (Friendly, J.), we observed that the Federal Rules of Evidence create hearsay exceptions by "categories," id. at 272. We thus concluded that if a statement fits an identified category, no further "finding of probable credibility by the judge" is generally required to apply the hearsay exception. Id. (recognizing that credibility of statement may be considered in connection with business record and residual hearsay exceptions). Thus, the self-serving nature of a statement

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