Nebraska and Federal Rules of Evidence on Hearsay and Confrontation presented by Yossem Professor Richard Collin Mangrum
Lawyers and Law Students
Creighton University School of Law
Creighton University Office of Continuing Education
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Hearsay/Confrontation: Breaking Down Hearsay Problems
Nonhearsay by Statutory Definition
The Res Gestae Exceptions: 803(1-4)
Rule 803(5) Step 8: Does the statement fall within Past Recollection Recorded
Step 9: The Records Exceptions: 803(6)-803(15)[5-14]
Step 10: 803(16): The Ancient Writing Rule
Step 11: 803(17): Industry Standards
Step 12: 803(18): Learned Treatise
Step 13: 803(19-21)[18-20]: Reputation Exceptions
Step 14: 803(22-23)[21-22]: Judgment Exceptions
Step 15: Does the Residual Exception Apply? 807 [803(23)]
Step 16: Is the witness “unavailable” for purposes of 804 exception consideration?
Step 17: When is former testimony admissible? 804(b)(1)[2)(a)]
Step 18: 804(b)(2)[2(b)]: When are dying declarations admissible?
Step 19: 804(b)(3)[2(c)]: When do you have to redact statements against interest?
Step 20: 804(b)(4)[2(d)]: When is family history admissible?
Step 21: 804(b)(6): Forfeiture by Wrong Doing
Step 22: Does the statement provide the Basis of an Expert Opinion
Step 23: Is a hearsay statement within a hearsay statement admissible? Rule 805
Step 24: Can Hearsay Declarants be Impeached as any other Witness? 806
Step 22: Be careful not to open the door to inadmissible hearsay
Richard Collin Mangrum, JD, BCL, SJD
Richard Collin Mangrum, JD, BCL, SJD, is the AA and Ethel Yossem Endowed Chair in Legal Ethics at the Creighton University School of Law.
Professor Mangrum graduated Magna Cum laude from Harvard University in 1972. He then attended the University of Utah School of Law, where Professor Mangrum was associate editor of the Law Review, graduating with his J.D. in 1975. He was in private practice in Salt Lake City from 1975-1977; was Rotary International Foundation Fellow in 1977 to Oxford, England where he received his B.C.L. in 1978; he received his S.J.D from Harvard Law School in 1983. Professor Mangrum joined the Creighton law faculty in 1979. Professor became the AA and Ethel Yossem Endowed Chair holder in 2000. Professor Mangrum received the Robert Kennedy Memorial Award for the Outstanding University Professor for Creighton University in 2001. Professor Mangrum received the Outstanding Professor Award for Creighton Law School in 2006. He received a visiting scholar appointment to the University of Edinburgh in the fall of 1986. He has taught as a visiting professor at the University of Utah law School in 1985, 1996, 2004. 2006 and 2013. He was a visiting professor for Touro Law School at Hebrew University in Jerusalem for the summer of 2008.
He has written over thirty articles and three books. His book Zion in the Courts: A Legal History of The Church of Jesus Christ of Latter-Day Saints, 1830-1900 (1988) (University of Illinois Press) won the National Alpha Sigma Nu Book Award for 1989. His treatise, Mangrum on Nebraska Evidence (Thomsen Reuters, annual 2003-2019), serves as a primary source for practitioners and is frequently cited by the Nebraska courts on evidentiary issues. His treatise, Mangrum and Benson on Utah Evidence (Thomsen Reuters, annual 2004-2019) also serves as a primary source for Utah practitioners and is frequently cited by the courts in Utah. He regularly lectures to practitioners and the judiciary on evidentiary issues in Nebraska and Utah. He has successfully coached trial teams for the Texas Young Lawyers Trial Competition (TYLA) or National Trial Competition and the American Association of Justice (formerly ATLA) every year since 1989. He has also successfully coached teams for the ABA Arbitration Competition since 2008.
This program has been approved for 6.5 hours of Continuing Legal Education (CLE) credit in Nebraska and Iowa. Creighton University School of Law is an accredited sponsor of continuing legal education in the states of Nebraska and Iowa.