Rule 803. Exceptions to the RuleAgainst Hearsay ó Regardless of Whether the DeclarantIs Available as a Witness
The following are not excluded by therule against hearsay, regardless of whether the declarantis available as a witness:
(1) Present Sense Impression. Astatement describing or explaining an event or condition, made while orimmediately after the declarant perceived it.
(2) ExcitedUtterance.A statement relating to a startling event or condition, made while the declarant was under the stress of excitement that itcaused.
(3) Then-ExistingMental, Emotional, or Physical Condition. A statement of the declarantís then-existing state of mind (such as motive,intent, or plan) or emotional, sensory, or physical condition (such as mentalfeeling, pain, or bodily health), but not including a statement of memory orbelief to prove the fact remembered or believed unless it relates to thevalidity or terms of the declarantís will.
(4) StatementMade for Medical Diagnosis or Treatment. A statement that:
(A) is madefor ó and is reasonably pertinent to ó medical diagnosis or treatment; and
(B) describesmedical history; past or present symptoms or sensations; their inception; ortheir general cause.
(5) RecordedRecollection. A record that:
(A) is on amatter the witness once knew about but now cannot recall well enough to testifyfully and accurately;
(B) was madeor adopted by the witness when the matter was fresh in the witnessís memory;and
(C) accuratelyreflects the witnessís knowledge.
If admitted, the record may be read into evidence but may bereceived as an exhibit only if offered by an adverse party.
(6) Recordsof a Regularly Conducted Activity. A record of an act, event, condition, opinion,or diagnosis if:
(A) therecord was made at or near the time by ó or from information transmitted by ósomeone with knowledge;
(B) therecord was kept in the course of a regularly conducted activity of a business,organization, occupation, or calling, whether or not for profit;
(C) makingthe record was a regular practice of that activity;
(D) allthese conditions are shown by the testimony of the custodian or another qualifiedwitness, or by a certification that complies with Rule 902(11) or (12) or witha statute permitting certification; and
(E) neitherthe source of information nor the method or circumstances of preparationindicate a lack of trustworthiness.
(7) Absenceof a Record of a Regularly Conducted Activity. Evidence that a matter isnot included in a record described in paragraph (6) if:
(A) theevidence is admitted to prove that the matter did not occur or exist;
(B) a recordwas regularly kept for a matter of that kind; and
(C) neitherthe possible source of the information nor other circumstances indicate a lackof trustworthiness.
(8) PublicRecords. A record or statement of a public office if:
(A) it setsout:
(i) theofficeís activities;
(ii) a matterobserved while under a legal duty to report, but not including, in a criminalcase, a matter observed by law-enforcement personnel; or
(iii) in a civilcase or against the government in a criminal case, factual findings from alegally authorized investigation; and
(B) neitherthe source of information nor other circumstances indicate a lack oftrustworthiness.
(9) PublicRecords of Vital Statistics. A record of a birth, death, or marriage, ifreported to a public office in accordance with a legal duty.
(10) Absence of aPublic Record. Testimony ó or a certification under Rule 902 ó that adiligent search failed to disclose a public record or statement if thetestimony or certification is admitted to prove that:
(A) therecord or statement does not exist; or
(B) a matterdid not occur or exist, if a public office regularly kept a record or statementfor a matter of that kind.
(11) Records of ReligiousOrganizations Concerning Personal or Family History. A statement of birth,legitimacy, ancestry, marriage, divorce, death, relationship by blood ormarriage, or similar facts of personal or family history, contained in aregularly kept record of a religious organization.
(12) Certificates ofMarriage, Baptism, and Similar Ceremonies. A statement of fact contained ina certificate:
(A) made bya person who is authorized by a religious organization or by law to perform theact certified;
(B) attestingthat the person performed a marriage or similar ceremony or administered asacrament; and
(C) purportingto have been issued at the time of the act or within a reasonable time afterit.
(13) Family Records.A statement of fact about personal or family history contained in a familyrecord, such as a Bible, genealogy, chart, engraving on a ring, inscription ona portrait, or engraving on an urn or burial marker.
(14) Records ofDocuments That Affect an Interest in Property. The record of a documentthat purports to establish or affect an interest in property if:
(A) therecord is admitted to prove the content of the original recorded document,along with its signing and its delivery by each person who purports to havesigned it;
(B) therecord is kept in a public office; and
(C) astatute authorizes recording documents of that kind in that office.
(15) Statements inDocuments That Affect an Interest in Property. A statement contained in adocument that purports to establish or affect an interest in property if thematter stated was relevant to the documentís purpose ó unless later dealingswith the property are inconsistent with the truth of the statement or thepurport of the document.
(16) Statements inAncient Documents. A statement in a document that is at least 20 years oldand whose authenticity is established.
(17) Market Reportsand Similar Commercial Publications. Market quotations, lists, directories,or other compilations that are generally relied on by the public or by personsin particular occupations.
(18) Statements inLearned Treatises, Periodicals, or Pamphlets. A statement contained in atreatise, periodical, or pamphlet if:
(A) thestatement is called to the attention of an expert witness on cross-examinationor relied on by the expert on direct examination; and
(B) thepublication is established as a reliable authority by the expertís admission ortestimony, by another expertís testimony, or by judicial notice.
If admitted, the statementmay be read into evidence but not received as an exhibit.
(19) ReputationConcerning Personal or Family History. A reputation among a personís familyby blood, adoption, or marriage ó or among a personís associates or in thecommunity ó concerning the personís birth, adoption, legitimacy, ancestry,marriage, divorce, death, relationship by blood, adoption, or marriage, orsimilar facts of personal or family history.
(20) ReputationConcerning Boundaries or General History. A reputation in a community ó arisingbefore the controversy ó concerning boundaries of land in the community orcustoms that affect the land, or concerning general historical events importantto that community, state, or nation.
(21) ReputationConcerning Character. A reputation among a personís associates or in thecommunity concerning the personís character.
(22) Judgment of aPrevious Conviction. Evidence of a final judgment of conviction if:
(A) thejudgment was entered after a trial or guilty plea, but not a nolo contendere plea;
(B) theconviction was for a crime punishable by death or by imprisonment for more thana year;
(C) theevidence is admitted to prove any fact essential to the judgment; and
(D) whenoffered by the prosecutor in a criminal case for a purpose other thanimpeachment, the judgment was against the defendant.
Thependency of an appeal may be shown but does not affect admissibility.
(23) JudgmentsInvolving Personal, Family, or General History or a Boundary. Ajudgment that is admitted to prove a matter of personal, family, or generalhistory, or boundaries, if the matter:
(A) wasessential to the judgment; and
(B) could beproved by evidence of reputation.
(24) [Otherexceptions.] [Transferred to Rule 807.]
2011 Advisory CommitteeNote. Ė Thelanguage of this rule has been amended as part of the restyling of the EvidenceRules to make them more easily understood and to make style and terminologyconsistent throughout the rules. These changes are intended to be stylisticonly. There is no intent to change any result in any ruling on evidence admissibility.This rule is the federal rule, verbatim.
ADVISORY COMMITTEE NOTE
This rule is the federal ruleverbatim. The 2001 amendment adopts changes made to Federal Rule of Evidence803(6) effective December 1, 2000.