CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Hearsay
......What is Not Hearsay
.........Offered for Nonhearsay Purpose
 17 Cards On This Topic:
  • As declarant's statement was not hearsay but verbal conduct consisting of a directive neither inherently true nor false, offered for nonhearsay purpose, declarant was not a 'hearsay declarant,' and EC 1202 inapplicable.
  • D's witness' out-of-court statements re facts surrounding domestic violence call properly admitted for nonhearsay purpose of proving special circumstance of officers' performance of duties.
  • Court properly admitted hearsay testimony that V picked D’s picture out of photo lineup-evidence relevant for nonhearsay purpose of establishing D’s motive for killing V was to eliminate him as a witness.
  • Record of conviction, including appellate opinion, admissible for nonhearsay purpose of determining basis of conviction.
  • Stepfather's false statements were not hearsay, but were offered to prove he tried to establish an alibi for self, knowing D was going to commit a crime.
  • Testimony that V thought D stole from her admissible to show V's state of mind and to impeach D's testimony they were friendly and she invited him into home on day of murder.
  • Testimony re motel clerk's putting up his hands in surveillance video of robbery showed his state of mind of surrender, tending to support contention D used fear to effect his crime. This was not hearsay.
  • Arbitrator's discussion with parties re understanding agreement to binding arbitration properly entered for nonhearsay purpose of notice.
  • LA Times want ads admissible for nonhearsay purpose of showing offers to bargain and corroborated H's opinion testimony re availability of teaching positions for W.
  • Out-of-court statement not made admissible simply by identifying nonhearsay purpose-must also be relevant to issue in dispute.
  • Co-Ds' stmts could have been used for nonhearsay purpose of showing consciousness of guilt.
  • Statement by W to D that D's V was police officer was not hearsay; only offered to show D believed he had killed an officer.
  • Deputy's statements to CHP officer as to his observations of DUI suspect support officer's reasonable cause to believe suspect was DUI and is not hearsay on that issue.
  • Seized documents bearing D's name are not hearsay when introduced as circumstantial evidence of D's standing to suppress evidence.
  • Evidence offered for non-hearsay purpose to avoid hearsay objection still must be relevant.
  • Out of court statements not offered for truth of matter asserted.
  • Cases discussing evidence offered for nonhearsay purposes.


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