What is the burden of establishing admissibility under a hearsay exception?
California, United States of America
The following excerpt is from People v. Ochoa, 212 Cal.Rptr.3d 703, 7 Cal.App.5th 575 (Cal. App. 2017):
burden shifts to the party offering the hearsay to lay a proper foundation for its admissibility under an exception to the hearsay rule "]; People v. Schader (1969) 71 Cal.2d 761, 772, fn. 4, 80 Cal.Rptr. 1, 457 P.2d 841 ["after the defendant has raised [an evidentiary objection], the burden is on the People to establish admissibility"].)
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