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Rule 803. ?Exceptions to the Rule Against Hearsay ? Regardless of Whether the Declarant is Available as a Witness.

 

Thefollowing are not excluded by the rule against hearsay, regardless of whetherthe declarant is available as a witness:

 

(1)   PresentSense Impression. A statement describing or explaining an event orcondition, made while or immediately after the declarant perceivedit.

 

(2)   ExcitedUtterance. Astatement 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 declarant?s then-existing state of mind (such asmotive, intent, or plan) or emotional, sensory, or physical condition (such asmental feeling, pain, or bodily health), but not including a statement ofmemory or belief to prove the fact remembered or believed unless it relates tothe validity or terms of the declarant?s will.

 

(4)   StatementMade for Medical Diagnosis or Treatment. A statement that:

(4)(A)   is made for ? and isreasonably pertinent to ? medical diagnosis or treatment; and

 

(4)(B)   describes medicalhistory; past or present symptoms or sensations; their inception; or theirgeneral cause.

 

(5)   RecordedRecollection. A record that:

(5)(A)   is on a matter the witness once knew about butnow cannot recall well enough to testify fully and accurately;

 

(5)(B)   was made or adopted bythe witness when the matter was fresh in the witness?s memory; and

 

(5)(C)   accurately reflects thewitness?s 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:

(6)(A)   the record was made ator near the time by ? or from information transmitted by ? someone withknowledge;

 

(6)(B)   the record was kept inthe course of a regularly conducted activity of a business, organization,occupation, or calling, whether or not for profit;

 

(6)(C)   making the record was aregular practice of that activity;

 

(6)(D)   all these conditionsare shown by the testimony of the custodian or another qualified witness, or bya certification that complies with Rule902(11) or (12) or with a statute permitting certification; and

 

(6)(E)   neither the source ofinformation nor the method or circumstances of preparation indicate a lack oftrustworthiness.

 

(7)   Absenceof a Record of a Regularly Conducted Activity. Evidence that a matter isnot included in a record described in paragraph (6) if:

(7)(A)   the evidence isadmitted to prove that the matter did not occur or exist;

 

(7)(B)   a record was regularlykept for a matter of that kind; and

 

(7)(C)   neither the possiblesource of the information nor other circumstances indicate a lack oftrustworthiness.

 

(8)   PublicRecords. A record or statement of a public office if:

(8)(A)   it sets out: 

(8)(A)(i)    the office?s activities;

 

(8)(A)(ii)   a matter observed while under a legal duty toreport, but not including, in a criminal case, a matter observed bylaw-enforcement personnel; or

 

(8)(A)(iii)  in a civil case or againstthe government in a criminal case, factual findings from a legally authorizedinvestigation; and

 

(8)(B)   neither the source ofinformation nor other circumstances indicate a lack of trustworthiness.

 

(9)   PublicRecords of Vital Statistics. A record of a birth, death,or marriage, if reported to a public office in accordance with a legal duty.

 

(10) Absence of aPublic Record. Testimony ? or a certification under Rule 902 ? that adiligent search failed to disclose a public record or statement if thetestimony or certification is admitted to prove that:

(10)(A)   the record or statementdoes not exist; or

 

(10)(B)   a matter did not occuror exist, if a public office regularly kept a record or statement for a matterof that kind.

 

(11) Records ofReligious Organizations Concerning Personal or Family History. A statementof birth, legitimacy, ancestry, marriage, divorce, death, relationship by bloodor marriage, or similar facts of personal or family history, contained in a regularlykept record of a religious organization.

 

(12) Certificates ofMarriage, Baptism, and Similar Ceremonies. A statement of fact contained ina certificate:

(12)(A)   made by a person who isauthorized by a religious organization or by law to perform the act certified;

 

(12)(B)   attesting that theperson performed a marriage or similar ceremony or administered a sacrament;and

 

(12)(C)   purporting to have beenissued at the time of the act or within a reasonable time after it.

 

(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:

(14)(A)   the record is admittedto prove the content of the original recorded document, along with its signingand its delivery by each person who purports to have signed it;

 

(14)(B)   the record is kept in apublic office; and

 

(14)(C)   a statute authorizesrecording 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 document?s purpose ? 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 atleast 20 years old and whose authenticity is established.

 

(17) Market Reports andSimilar Commercial Publications. Market quotations, lists, directories, orother compilations that are generally relied on by the public or by persons inparticular occupations.

 

(18) Statements inLearned Treatises, Periodicals, or Pamphlets. A statement contained in atreatise, periodical, or pamphlet if: 

(18)(A)   the statement is calledto the attention of an expert witness on cross-examination or relied on by theexpert on direct examination; and

 

(18)(B)   the publication isestablished as a reliable authority by the expert?s admission or testimony, byanother expert?s testimony, or by judicial notice.

 

If admitted, the statement may be read into evidence but notreceived as an exhibit.

 

(19) Reputation ConcerningPersonal or Family History. A reputation among a person?s family by blood,adoption, or marriage ? or among a person?s associates or in the community ?concerning the person?s birth, adoption, legitimacy, ancestry, marriage,divorce, death, relationship by blood, adoption, or marriage, or similar factsof personal or family history.

 

(20) ReputationConcerning Boundaries or General History. A reputation ina community ? arising before the controversy ? concerning boundaries of land inthe community or customs that affect the land, or concerning general historicalevents important to that community, state, or nation.

 

(21) ReputationConcerning Character. A reputation among a person?sassociates or in the community concerning the person?s character.

 

(22) Judgmentof a Previous Conviction. Evidence of a final judgment of conviction if:

(22)(A)   the judgment wasentered after a trial or guilty plea, but not a nolo contendere plea;

 

(22)(B)   the conviction was fora crime punishable by death or by imprisonment for more than a year;

 

(22)(C)   the evidence isadmitted to prove any fact essential to the judgment; and

 

(22)(D)   when offered by theprosecutor in a criminal case for a purpose other than impeachment, thejudgment was against the defendant.

 

The pendency of an appeal may be shown but does not affectadmissibility.

 

(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: 

(23)(A)   was essential to the judgment; and

 

(23)(B)   could be proved byevidence of reputation.

 

(24) [Otherexceptions.] [Transferred to Rule807.]

 

 

Effective November 1, 2004 

 

 

2011 Advisory Committee Note. The language of this rulehas been amended as part of the restyling of the Evidence Rules to make themmore easily understood and to make style and terminology consistent throughoutthe rules. These changes are intended to be stylistic only. There is no intentto change any result in any ruling on evidence admissibility. This rule is thefederal rule, verbatim.

 

Original Advisory Committee Note. This rule is the federalrule verbatim. The 2001 amendment adopts changes made to Federal Rule ofEvidence 803(6) effective December 1, 2000.