Saturday, December 3, 2016

The doctrine on independently relevant statements holds that conversations communicated to a witness by a third person may be admitted as proof that, regardless of their truth or falsity, they were actually made.

The doctrine on independently relevant statements holds that conversations communicated to a witness by a third person may be admitted as proof that, regardless of their truth or falsity, they were actually made. Evidence as to the making of such statements is not secondary but primary, for in itself it (a) constitutes a fact in issue36 or (b) is circumstantially relevant to the existence of such fact.37


There are five kinds of independently relevant statements that are circumstantial evidence of the facts in issue:
1. Statements of a person showing his state of mind; that is, his mental condition, knowledge, belief, intention, ill will and other emotions
2. Statements that may identify the date, place and condition as illness and the like
3. Statements of a person from which an inference may be drawn as to the state of mind of another person; i.e., the knowledge, belief, good or bad faith noticed of the latter
4. Statements that may identify the date, place and person in question
5. Statements showing the lack of credibility of a witness

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