Document Type
Article
Publication Date
1-1991
Abstract
In this article, I propose two changes in the way hearsay issues are usually resolved. First, in some circumstances courts should divide the burdens of producing the declarant-for example, by imposing the physical burden on the proponent and the financial burden on the opponent. Second, no matter how the declarant is produced as a witness, she should ordinarily testify as part of the proponent's case, subject to cross-examination by the opponent. If the declarant does become a witness, the admissibility of her out-of-court statement should not be resolved until her current testimony about the underlying events is received.
Recommended Citation
Friedman, Richard D. "Improving the Procedure for Resolving Hearsay Issues." Cardozo L. Rev. 13 (1991): 883-927.