Legal Memorandum: Hearsay exceptions – unavailable of declarant as witness

Issue: Under the Minnesota Rules of Evidence, what are the exceptions to the hearsay rule when the declarant is not available as a witness?

Area of Law: Litigation & Procedure, Uncategorized
Keywords: ; Keyword(s):  Hearsay; Declarant; Statement
Jurisdiction: Minnesota
Cited Cases: 605 N.W.2d 717; 507 N.W.2d 865
Cited Statutes: None
Date: 11/01/2015

Wisconsin Statute 802.05 provides instruction on the signing of pleadings, motions, and other papers and allows for the imposition of sanctions as follows:

(1)       Signature. Every pleading, written motion, and other paper shall be signed by at least one attorney of record in the attorney’s individual name, or, if the party is not represented by an attorney, shall be signed by the party. Each paper shall state the signer’s address and telephone number, and state bar number, if any. Except when otherwise specifically provided by rule or statute, pleadings need not be verified or accompanied by affidavit. An unsigned paper shall be stricken unless omission of the signature is corrected promptly after being called to the attention of the attorney or party.


(2)       Representations to court. By presenting to the court, whether by signing, filing, submitting, or later advocating a pleading, written motion, or other paper, an attorney or unrepresented party is certifying that to the best of the person’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, all of the following:


(a)        The paper is not being presented for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation.

(b)        The claims, defenses, and other legal contentions stated in the paper are warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of […]

Subscribe to Litigation Pathfinder

To get the full-text of this Legal Memorandum ... and more!

(Month-to-month and annual subscriptions available)