What is the test for admitting statements made by a third party in an out-of-court proceeding?

California, United States of America


The following excerpt is from People v. Lane, B248475 (Cal. App. 2014):

We turn first to the question of whether the statements were properly admitted under California law. (See People v. Blacksher (2011) 52 Cal.4th 769, 810, fn. 26.) An out-of-court statement made by a nontestifying witness, offered for the truth of the matter asserted, is hearsay. (Evid. Code, 1200; People v. Chism (2014) 58 Cal.4th 1266, 1288.) Evidence Code section 1240 provides an exception to the hearsay rule for spontaneous declarations, that is, statements that purport to describe or explain an act,

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