What is the test for a declaration against interest exception to the hearsay rule?

California, United States of America


The following excerpt is from People v. Titlow, A138713 (Cal. App. 2016):

" 'The focus of the declaration against interest exception to the hearsay rule is the basic trustworthiness of the declaration. . . . [T]he court may take into account not just the words but the circumstances under which they were uttered, the possible motivation of the declarant, and the declarant's relationship to the defendant.' [Citation.] . . . We have recognized that, in this context, assessing trustworthiness ' " 'requires the court to apply to the peculiar facts of the individual case a broad and deep acquaintance with the ways human beings actually conduct themselves in the circumstances material under the exception.' " ' " (People v. Geier (2007) 41 Cal.4th 555, 584 (Geier), overruled on other grounds as recognized by People v. Seumanu (2015) 61 Cal.4th 1293, 1320.)

Other Questions


What is the test for a declaration against interest exception to the hearsay rule? (California, United States of America)
What is the test for a declaration against interest exception to the hearsay rule? (California, United States of America)
What is the test for admitting a declaration against a penal interest under the hearsay rule? (California, United States of America)
Does the privity rule apply to bind those who succeed to an interest in property where rights in the interest have been litigated to judgment by a predecessor in interest? (California, United States of America)
What is the test for a declaration against penal interest under the hearsay rule? (California, United States of America)
What is the hearsay rule for declarations against penal interest? (California, United States of America)
What is the test for a hearsay exception to the hearsay rule? (California, United States of America)
Does the spontaneous statement exception to the hearsay rule require the declarant to testify at trial? (California, United States of America)
In what circumstances will a defendant be found admissible under the hearsay rule under the state of mind exception to hearsay? (California, United States of America)
Can a spontaneous declaration or excited utterance be considered an exception to the hearsay rule? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.