Rule 803. Hearsay Exceptions; Availability of Declarant Immaterial

The following are not excluded by the hearsay rule, even though the declarant is
available as a witness:

(1) Present sense impression. A statement describing or explaining an event or
condition made while the declarant was perceiving the event or condition, or
immediately thereafter.

(2) Excited utterance. A statement relating to a startling event or condition
made while the declarant was under the stress of excitement caused by the event or
condition.

(3) Then existing mental, emotional, or physical condition. A statement of the
declarant's then existing state of mind, emotion, sensation, or physical condition
(such as intent, plan, motive, design, mental feeling, pain, and bodily health),
but not including a statement of memory or belief to prove the fact remembered or
believed unless it relates to the execution, revocation, identification, or terms
of declarant's will.

(4) Statements for purposes of medical diagnosis or treatment. Statements made
for purposes of medical diagnosis or treatment and describing medical history, or
past or present symptoms, pain, or sensations, or the inception or general
character of the cause or external source thereof insofar as reasonably pertinent
to diagnosis or treatment.

(5) Recorded recollection. A memorandum or record concerning a matter about which
a witness once had knowledge but now has insufficient recollection to enable the
witness to testify fully and accurately, shown to have been made or adopted by the
witness when the matter was fresh in the witness' memory and to reflect that
knowledge correctly. If admitted, the memorandum or record may be read into
evidence but may not itself be received as an exhibit unless offered by an adverse
party.

(6) Records of regularly conducted activity. A memorandum, report, record, or
data compilation, in any form, of acts, events, conditions, opinions, or
diagnoses, if:

(a) Made at or near the time of the underlying event,

(b) by, or from information transmitted by, a person with first hand knowledge
acquired in the course of a regularly conducted business activity,

(c) made and kept entirely in the course of that regularly conducted business
activity,

(d) pursuant to a regular practice of that business activity; and

(e) all the above are shown by the testimony of the custodian or other qualified
witness, or by certification that complies with Rule 902(11).

However, such evidence shall not be admissible if the source of information or the
method or circumstances of preparation indicate a lack of trustworthiness or to
the extent that portions thereof lack an appropriate foundation.

The term "business" as used in this paragraph includes business, institution,
association, profession, occupation, and calling of every kind, whether or not
conducted for profit.

(7) Absence of entry in records kept in accordance with the provisions of
paragraph (6). Evidence that a matter is not included in the memoranda, reports,
records, or data compilations, in any form, kept in accordance with the provisions
of paragraph (6), to prove the non-occurrence or non-existence of the matter, if
the matter was of a kind of which a memorandum, report, record, or data
compilation was regularly made and preserved, unless the sources of information or
other circumstances indicate lack of trustworthiness.

(8) Public records and reports. Unless the sources of information or other
circumstances indicate lack of trustworthiness, records, reports, statements, or
data compilations, in any form, of public offices or agencies, setting forth (A)
the activities of the office or agency, or (B) matters observed pursuant to duty
imposed by law as to which matters there was a duty to report, excluding, however,
in criminal cases matters observed by police officers and other law enforcement
personnel, or (C) in civil actions and proceedings and against the Government in
criminal cases, factual findings resulting from an investigation made pursuant to
authority granted by law.

(9) Records of vital statistics. Records or data compilations, in any form, of
births, fetal deaths, deaths, or marriages, if the report thereof was made to a
public office pursuant to requirements of law.

(10) Absence of public record or entry. To prove the absence of a record, report,
statement, or data compilation, in any form, or the non-occurrence or
non-existence of a matter of which a record, report, statement, or data
compilation, in any form, was regularly made and preserved by a public office or
agency, evidence in the form of a certification in accordance with Rule 902, or
testimony, that diligent search failed to disclose the record, report, statement,
or data compilation, or entry.

(11) Records of religious organizations. Statements of births, marriages,
divorces, deaths, legitimacy, ancestry, relationship by blood or marriage, or
other similar facts of personal or family history, contained in a regularly kept
record of a religious organization.

(12) Marriage, baptismal, and similar certificates. Statements of fact contained
in a certificate that the maker performed a marriage or other ceremony or
administered a sacrament, made by a clergyman, public official, or other person
authorized by the rules or practices of a religious organization or by law to
perform the act certified, and purporting to have been issued at the time of the
act or within a reasonable time thereafter.

(13) Family records. Statements of fact concerning personal or family history
contained in family Bibles, genealogies, charts, engravings on rings, inscriptions
on family portraits, engravings on urns, crypts, or tombstones, or the like.

(14) Records of documents affecting an interest in property. The record of a
document purporting to establish or affect an interest in property, as proof of
the content of the original recorded document and its execution and delivery by
each person by whom it purports to have been executed, if the record is a record
of a public office and an applicable statute authorizes the recording of documents
of that kind in that office.

(15) Statements in documents affecting an interest in property. A statement
contained in a document purporting to establish or affect an interest in property
if the matter stated was relevant to the purpose of the document, unless dealings
with the property since the document was made have been inconsistent with the
truth of the statement or the purport of the document.

(16) Statements in ancient documents. Statements in a document in existence
twenty years or more the authenticity of which is established.

(17) Market reports, commercial publications. Market quotations, tabulations,
lists, directories, or other published compilations, generally used and relied
upon by the public or by persons in particular occupations.

(18) Learned treatises. To the extent called to the attention of an expert
witness upon cross-examination or relied upon by the expert witness in direct
examination, statements contained in published treatises, periodicals, or
pamphlets on a subject of history, medicine, or other science or art, established
as a reliable authority by the testimony or admission of the witness or by other
expert testimony or by judicial notice. If admitted, the statements may be read
into evidence but may not be received as exhibits.

(19) Reputation concerning personal or family history. Reputation among members
of a person's family by blood, adoption, or marriage, or among a person's
associates, or in the community, concerning a person's birth, adoption, marriage,
divorce, death, legitimacy, relationship by blood, adoption, or marriage,
ancestry, or other similar fact of personal or family history.

(20) Reputation concerning boundaries or general history. Reputation in a
community, arising before the controversy, as to boundaries of or customs
affecting lands in the community, and reputation as to events of general history
important to the community or State or nation in which located.

(21) Reputation as to character. Reputation of a person's character among
associates or in the community.

(22) Judgment of previous conviction. Evidence of a final judgment, entered after
a trial or upon a plea of guilty (but not upon a plea of nolo contendere or no
contest), adjudging a person guilty of a crime punishable by death or imprisonment
in excess of one year, to prove any fact essential to sustain the judgment, but
not including, when offered by the Government in a criminal prosecution for
purposes other than impeachment, judgments against persons other than the accused.
The pendency of an appeal may be shown but does not affect admissibility.

(23) Judgment as to personal, family or general history or boundaries. Judgments
as proof of matters of personal, family or general history, or boundaries,
essential to the judgment, if the same would be provable by evidence of
reputation.

(24) Other exceptions. A statement not specifically covered by any of the
foregoing exceptions but having equivalent circumstantial guarantees of
trustworthiness, if the court determines that (A) the statement is offered as
evidence of a material fact; (B) the statement is more probative on the point for
which it is offered than any other evidence which the proponent can procure
through reasonable efforts; and (C) the general purposes of these rules and the
interests of justice will best be served by admission of the statement into
evidence. However, a statement may not be admitted under this exception unless
the proponent of it makes known to the adverse party sufficiently in advance of
the trial or hearing to provide the adverse party with a fair opportunity to
prepare to meet it, the proponent's intention to offer the statement and the
particulars of it, including the name and address of the declarant.

(25) Former testimony (non-criminal action or proceeding). Except in a criminal
action or proceeding, testimony given as a witness at another hearing of the same
or different proceeding, or in a deposition taken in compliance with law in the
course of the same or another proceeding, if the party against whom the testimony
is now offered, or a predecessor in interest, had an opportunity and similar
motive to develop the testimony by direct, cross, or redirect examination.

Navigation