FEDERAL RULES OF EVIDENCE

ARTICLE VIII. HEARSAY

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,
made at or near the time by, or from information transmitted by, a person with
knowledge, if kept in the course of a regularly conducted business activity, and if it
was the regular practice of that business activity to make the memorandum, report,
record or data compilation, all as shown by the testimony of the custodian or other
qualified witness, or by certification that complies with Rule 902(11) , Rule 902(12) ,
or a statute permitting certification, unless the source of information or the method or
circumstances of preparation indicate lack of trustworthiness. 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 nonoccurrence or nonexistence 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. 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,
unless the sources of information or other circumstances indicate lack of
trustworthiness.

(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 nonoccurrence or nonexistence 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), 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) [Transferred to Rule 807 ]

Federal Rules of Evidence: ARTICLE VIII. Rule 803. Hearsay Exceptions; Availability of Declarant: Immaterial Notes

Rule 403 Notes
Rule 403. Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of Time-LII  
Rule 403 Legal Information Institute-LII
Rule 403 Notes Legal Information Institute-LII
Rule 409. Payment of Medical and Similar Expenses-LII
Rule 410. Inadmissibility of Pleas, Plea Discussions, and Related Statements-LII
Law Students  MM
Federal Rules of Evidence: Rule 413: Notes
Federal Rules of Evidence: ARTICLE VI.  WITNESSES Rule 613. Prior Statements of Witnesses: NOTES  
Federal Rules of Evidence: ARTICLE VII. OPINIONS AND EXPERT TESTIMONY Rule 705. Disclosure of Facts or Data Underlying Expert Opinion

Federal Rules of Evidence: ArticleII-Rule 415.  Evidence of Similar Acts in Civil Cases Concerning Sexual Assault or Child Molestation
Federal Rules of Evidence: ARTICLE VI.  WITNESSES Rule 613. Prior Statements of Witnesses
Federal Rules of Evidence: ARTICLE VI.  WITNESSES Rule 614. Calling and Interrogation of Witnesses by Court
Rule 614. Calling and Interrogation of Witnesses by Court
Federal Rules of Evidence: ARTICLE VII. OPINIONS AND EXPERT TESTIMONY: Rule 801. Definitions
Federal Rules of Evidence: ARTICLE VIII. HEARSAY: Rule 802. Hearsay Rule