For those looking forward to the next USTCP exam, there’s a detailed look at some of the anfractuosities of the hearsay exclusion and its convoluted variations and exceptions today, as Judge Holmes reviews FRE Art VIII in Estate of Michael J. Jackson, Deceased, John G. Branca, Co-Executor and John McClain, Co-Executor, Docket No. 17152-13, filed 3/1/18.

Though the case was tried a year ago, there’s still post-trial briefing going on, and there’s a pickle-barrel full of exhibits (57, to be precise), where the parties have reservations as to admissibility, both as to the truth thereof and relevance.

I suggest the serious student read the order, side by side with the Rules cited by Judge Holmes. Some of this might just be on the exam.