Category: ARTICLE VIII. HEARSAY

RULE 807. RESIDUAL EXCEPTION (a) In General. Under the following circumstances, a hearsay statement is not excluded by the rule against hearsay even if the statement is not specifically covered by a hearsay exception in Rule 803 or 804: (1) the statement has equivalent circumstantial guarantees of trustworthiness; (2) it is offered as evidence of…

RULE 806. ATTACKING AND SUPPORTING THE DECLARANT’S CREDIBILITY When a hearsay statement — or a statement described in Rule 801(d)(2)(C), (D), or (E) — has been admitted in evidence, the declarant’s credibility may be attacked, and then supported, by any evidence that would be admissible for those purposes if the declarant had testified as a…

RULE 805. HEARSAY WITHIN HEARSAY Hearsay within hearsay is not excluded by the rule against hearsay if each part of the combined statements conforms with an exception to the rule. Notes (Pub. L. 93–595, §1, Jan. 2, 1975, 88 Stat. 1943; Apr. 26, 2011, eff. Dec. 1, 2011.) Notes of Advisory Committee on Proposed Rules…

RULE 804. HEARSAY EXCEPTIONS; DECLARANT UNAVAILABLE (a) Criteria for Being Unavailable. A declarant is considered to be unavailable as a witness if the declarant: (1) is exempted from testifying about the subject matter of the declarant’s statement because the court rules that a privilege applies; (2) refuses to testify about the subject matter despite a…

RULE 803. EXCEPTIONS TO THE RULE AGAINST HEARSAY — REGARDLESS OF WHETHER THE DECLARANT IS AVAILABLE AS A WITNESS Present Sense Impression Excited Utterance Then-Existing Mental, Emotional, or Physical Condition Statement Made for Medical Diagnosis or Treatment Recorded Recollection Records of Regularly Conducted Activity Absence of a Record of Regularly Conducted Activity Public Records Public…

RULE 802. THE RULE AGAINST HEARSAY Hearsay is not admissible unless any of the following provides otherwise: a federal statute; these rules; or other rules prescribed by the Supreme Court. Notes (Pub. L. 93–595, §1, Jan. 2, 1975, 88 Stat. 1939; Apr. 26, 2011, eff. Dec. 1, 2011.) Notes of Advisory Committee on Proposed Rules…

RULE 801. DEFINITIONS THAT APPLY TO THIS ARTICLE; EXCLUSIONS FROM HEARSAY The following definitions apply under this article: (a) Statement. “Statement” means a person’s oral assertion, written assertion, or nonverbal conduct, if the person intended it as an assertion. (b) Declarant. “Declarant” means the person who made the statement. (c) Hearsay. “Hearsay” means a statement…

ARTICLE VIII. HEARSAY Notes of Advisory Committee on Proposed Rules Introductory Note: The Hearsay Problem The factors to be considered in evaluating the testimony of a witness are perception, memory, and narration. Morgan, Hearsay Dangers and the Application of the Hearsay Concept, 62 Harv.L.Rev. 177 (1948), Selected Writings on Evidence and Trial 764, 765 (Fryer…