What is the burden of a proponent of hearsay evidence?
California, United States of America
The following excerpt is from Gatton v. A.P. Green Services, Inc., 64 Cal.App.4th 688, 75 Cal.Rptr.2d 523 (Cal. App. 1998):
The proponent of hearsay evidence bears the burden of showing it falls within a hearsay exception (People v. Woodell (1998) 17 Cal.4th 448, 464, 71 Cal.Rptr.2d 241, 950 P.2d 85), and the record here fails to satisfy either the unavailability or interest-and-motive requirement of Evidence Code section 1291, subdivision (a).
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